SERVICE CONTRACT - ANNUAL PLAN
This is a legal agreement (hereinafter referred to as the “Plan”). By purchasing it, you understand that it is a legal agreement and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. This Plan and your purchase receipt, containing the effective date and expiration date of your Plan, and the Plan number constitute the entire agreement between you and us. Definitions. Throughout this Plan the words “we”, “us” and “our” refer to AIG WarrantyGuard, Inc. (“AWG”), the Obligor of this Plan except in Oklahoma. AWG can be contacted at 300 South Riverside Plaza, Chicago, IL 60606-6613, firstname.lastname@example.org. In Oklahoma, the obligor is Service Net Solutions of Florida, LLC, 650 Missouri Avenue, Jeffersonville, IN 47130. The “administrator” of this Plan is Service Net Warranty, LLC and can be contacted at 650 Missouri Avenue, Jeffersonville, IN 47130. “Product” refers to the consumer electronic device covered by this Plan. This Plan is not valid in California or Florida.
- WHAT IS COVERED. This Plan is inclusive of your Covered Product’s manufacturer’s warranty; it does not replace your Covered Product’s manufacturer’s warranty during the term of such manufacturer’s warranty. This Plan protects against operational or mechanical failure of a covered Product if the failure occurs during normal usage. In the event of a covered failure, we will issue you a gift card to be used for product replacement necessitated by operational or mechanical failure during normal usage. Coverage does not apply to accessories that are used in conjunction with or to enhance the performance of the covered Product. This Plan protects against operational or mechanical failure of a covered Product if a failure occurs while connected to a surge protector approved by the Underwriter’s Laboratory. Your surge protector may be collected by us for examination.
- WAIT PERIOD. This plan has a thirty (30) day wait period. The wait period ends thirty (30) days from your coverage begin date listed on your certificate of coverage.
- AUTHORIZATION FOR REPLACEMENT. You must obtain authorization prior to the receipt of a replacement Product.
- Go online to ezphonexchange.com or call the toll free number listed on the reverse side of this Plan.
- Have this Plan, your Plan number, and the original Product receipt available.
- Once authorization is obtained you will be required to return the defective Product to the administrator. If the defective Product covered under this Plan is not received, you may be subject to a non-return fee.
- The defective Product is not to be taken to the Retailer.
- All contractual obligations are considered fulfilled upon receiving a gift card for replacement, cancellation of the Plan or contract term expiration.
- ACCIDENTAL DAMAGE FROM HANDLING (ADH): ADH pertains to you if listed on the reverse side of this Plan. Your Product is protected against accidental damage from handling. ADH will end prior to the expiration date when we have, as a result of service provided to you, replaced your Product or incurred costs under this plan and all other coverage equal to the original purchase price of your Product (as indicated on your invoice). ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against normal wear and tear, theft, misplacement, negligence, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between you and our service providers and any other limitations listed in the Limitations of Coverage section. Any resultant damage from this type of treatment is NOT covered by this ADH program. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information will result in claim denial.
- IMPORTANT NOTE. We reserve the right to inspect the items to be covered, or the items covered, as the case may be, prior to coverage or during the coverage period. Model number, serial number and original date of purchase of all Products to be covered must be provided to execute application for service. This Plan must be paid in full prior to services being rendered. It is your responsibility to back up the contents of your hardware Product before services are performed and remove any data from parts or Products returned to us, as well as any data you have stored or software you have installed on the hard drive including but not limited to, software, pictures, documents, videos, games, and music files. We are not responsible for any loss of your data under any circumstance.
6. LIMIT OF LIABILITY Maximum liability under this Contract shall be $400. This reimbursement will be fulfilled in the form of a gift card. This Contract will expire at the time of gift card fulfillment for replacement or term expiration. At the time of reimbursement for replacement, the covered Product becomes our property. You may be asked to provide a valid credit card number to be authorized for the exchange. A prepaid postage label will be provided to you. You will be required to return the failed Product within thirty(30) days of the receipt of the label. Once the replacement product is received by the designated carrier, the gift card will be emailed to you. If your original Product is not received within (30) days of the receipt of the label, you may be required to resubmit your claim.
- DEDUCTIBLE. In the event that your Covered Product requires replacement service, you will be required to pay a Deductible. The Deductible amount due is listed on your certificate of coverage. The Deductible must be paid and received in advance of the replacement product being provided and may be paid to the Administrator through a valid credit card or debit card.
- RENEWAL. This plan will not renew.
- LIMITATIONS OF COVERAGE – This Plan Does Not Cover:
- Any Product located outside the continental United States, Alaska and Hawaii.
- Service required as a result of any alteration of the product, or repairs made by anyone other than an authorized service provider. This would include any unauthorized alterations made by you to the Product.
- Damage or other equipment failure due to causes beyond our control including, but not limited to, repairs necessary due to operator negligence, the failure to maintain the equipment according to the owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, acts of war or acts of God.
- Service necessary because of improper storage, improper ventilation, any utilization of the equipment that is inconsistent with either the design of the product or the way the manufacturer intended the product to be used.
- Cosmetic defects, damage, or failures of non-operational components that do not inhibit the proper operation and performance of the Product.
- Consumable items are defined as any part that is considered consumable by the manufacturer or any item that is designed to be consumed (wear out) during the life of the Product, regardless if it is consumer replaceable or not. Consumable items include, but are not limited to: batteries, telephone or other lines connecting to the equipment or any additional accessories (included but not limited to: phone covers, chargers, storage, phone applications, etc.)
- Repairs to Product, including parts, or Product replacement covered by the manufacturer’s warranty, manufacturer’s recall, or similar manufacturer’s incentive or repair program (regardless of whether or not the manufacturer is doing business as an ongoing enterprise).
- Consequential damages as a result of malfunctioning of or damage to an operating part of the product, or damages as a result of any repairs or replacements under this Plan.
- Loss of use, loss of business, loss of profits, down-time and charges for time and effort.
- Damages caused by delays in rendering service or loss of use during the period that the Product is at the authorized service center or otherwise awaiting parts are not covered.
- Rentals and “loaner” equipment are not covered.
- Damage or failure caused by animals or insects.
- Damage or failure caused by bodily fluids, including but not limited to urine and vomit.
- Operational or mechanical failure which is not reported prior to expiration of this Plan or within 30 days of Product failure.
- Loss or damage to stored data, repairs related to installed software or computer viruses.
- Products sold without a manufacturer’s warranty, sold “as is” or refurbished Products.
- Pre-existing conditions (incurred prior to the effective date of coverage), known to you.
- Products where the serial plate attached to the Product is removed, defaced or made illegible.
- Damage resulting from user facilitated minor adjustments and settings outlined in the Product’s owner’s manual, external antenna or local reception problems, inaccessible products or parts, negligence, misuse or abuse whether willful or not.
- Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal.
- Parts or accessories that are used in conjunction with Product specified under this Plan that enhances the performance of the covered Product.
- Any cost recoverable under any other warranty, guarantee, or under an insurance policy (in such case, this Plan will cover any applicable deductible).
- Any fees charged by a cell phone carrier including but not limited to activation fees.
- CANCELLATION AND REFUND. You may cancel this Plan at any time for any reason if you have not received a replacement gift card or other reimbursement. If you cancel this Plan within sixty (60) days of the date purchased you will receive a refund of the full purchase. If you cancel this Plan thereafter, you will be refunded the remaining days of coverage on a monthly prorated basis. In the event You had a covered claim during the first sixty (60) days, your refund will be the greater of the full Contract Price paid less the cost of any covered claim or 100% of the pro-rata amount of the unearned portion of the Contract price paid, if any, based upon elapsed time. Any alterations to your account made by you may impact your coverage under this Plan. Please consult with your service provider for more information prior to requesting a cancellation. Your service provider may be reached by calling 1-877-430-2355.
To request a cancellation, mail your request along with this document to:
Easy Exchange 650 Missouri Ave
Jeffersonville, IN 47130 ATTN: Consumer Relations
You may also request a cancellation via email by sending an email to email@example.com.
- TRANSFERABILITY. This Plan is not transferrable.
- RIGHT TO RECOVER FROM OTHERS. If we make any payment, we are entitled to recover what we paid from other parties. By accepting settlement of a claim, you transfer to us your right to recovery against any other party.
- COVERAGE AND TERM. This is not an insurance policy. As the Administrator, we will assist you in understanding your warranty and coverage benefits from the day you purchase your Plan. If your Product needs to be replaced for operational or mechanical failure due to accidental damage, you are required to call the toll free number listed on the front of this Contract or submit your claim online at ezphonexchange.com. With any correspondence, please provide your daytime phone number and claim number if applicable. The expiration date and price of this Contract are listed on the face of this Contract. There are some limitations of coverage. You should review the limitations of coverage paragraph for details. This Plan is secured by a contractual liability or reimbursement insurance policy provided by Illinois National Insurance Company in all states with the exception of AR, MS, NC, NY, OK, & VA which are covered by New Hampshire Insurance Company Inc., both located at 180 Maiden Lane, 25th Floor, New York, NY 10038. Telephone 1-800- 250-3819. If, within sixty (60) days after proof of loss has been filed, we have not fulfilled a covered claim, provided you with a refund, you are otherwise dissatisfied, or we are no longer a going concern, you may make a claim directly to the insurance company. Please enclose a copy of your plan when sending correspondence to the Insurer.
- ENTIRE AGREEMENT. This is the entire agreement and no other written or oral modifications are valid.
- LIMITATION OF LIABILITY. THE DEALER/RETAILER, SERVICE NET WARRANTY LLC, SERVICE NET OF FLORIDA LLC, NEW HAMPHSIRE INSURANCE COMPANY, CHARTIS WARRANTYGUARD, INC. THEIR AGENTS, CONTRACTORS OR LICENSEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITEDTO, PROPERTY DAMAGE, LOST TIME, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED EQUIPMENT. EXCLUSION IS MADE OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN.
- STATE VARIATIONS. Certain states have specific conditions; conditions listed on the front of this form may apply to you.