TERMS AND CONDITIONS – SERVICE CONTRACT/Easy Exchange Plus-MONTHLY 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 Chartis WarrantyGuard, Inc. (“CWG”), the Obligor of this Plan except in Oklahoma. CWG can be contacted at 300 South Riverside Plaza,
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 replace the original purchased Product with a new or refurbished unit, or refund you the purchase price of the Product, minus sales tax, provided such action is authorized and 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.
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.
· Instructions on obtaining replacement will be given.
· 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 of up to $200.
· The defective Product is not to be taken to the Retailer.
· At our determination, you will receive a replacement Product of comparable specifications. Technological advances may result in a replacement product with a lower selling price than the original Product.
· In all cases where a replacement cannot be made, you will receive reimbursement for the original purchase price, excluding sales tax.
· All contractual obligations are considered fulfilled upon cancellation of the Plan or contract term expiration.
· We reserve the right to replace the Product with a remanufactured or refurbished Product.
· The replacement Product will be mailed to you at no cost.
· If you are paying for this Plan on a monthly basis, your payments must be current to receive any services under this Plan.
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 circumstances.
LIMIT OF LIABILITY. Maximum liability under this Plan shall be: (I) up to two replacements with a Product of comparable specifications every 12 months or (II) reimbursement of the retail price paid for the Product minus the sales tax. 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 new or refurbished Product will be shipped to the address listed on the reverse side of this certificate. 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 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. The following Deductibles will be applied to each request for coverage:
|
Market value of the Replacement Product at time of request for coverage as determined by the Administrator in its sole discretion |
Applicable Deductible |
|
$0 to $99.99 |
$0.00 |
|
$100 to 124.99 |
$25.00 |
|
$125.00 to $149.99 |
$35.00 |
|
$150.00 to $199.99 |
$50.00 |
|
$200.00 to $400.00 |
$75.00 |
TERM. .This Plan is a monthly Plan. The term of this Plan begins the day after the activation of your new phone and will automatically renew every month thereafter unless cancelled by you or us. If you DO NOT wish for this Plan to auto renew, you may cancel the Plan as set forth in the section termed CANCELLATION AND REFUND. We may elect not to renew the Program and will notify you in writing within 30 days of the end date of the Program.
LIMITATIONS OF COVERAGE – This Plan Does Not Cover:
A. Any Product located outside the continental United States, Alaska and Hawaii.
B. 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.
C. 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.
D. 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.
E. Any and all cases in which the manufacturer of the product would not honor any warranty regarding the product.
F. Cosmetic defects, damage, or failures of non-operational components that do not inhibit the proper operation and performance of the Product.
G. 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.)
H. 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).
I. 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.
J. Loss of use, loss of business, loss of profits, down-time and charges for time and effort.
K. 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.
L. Rentals and “loaner” equipment are not covered.
M. Damage or failure caused by animals or insects.
N. Damage or failure caused by bodily fluids, including but not limited to urine and vomit.
O. Operational or mechanical failure which is not reported prior to the expiration of this Plan or within 30 days of Product failure.
P. Loss or damage to stored data, repairs related to installed software or computer viruses.
Q. Products sold without a manufacturer’s warranty, sold “as is” or refurbished Products.
R. Pre-existing conditions (incurred prior to the effective date of coverage), known to you.
S. Products where the serial plate attached to the Product is removed, defaced or made illegible.
T. 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.
U. Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal.
V. Parts or accessories that are used in conjunction with the Product specified under this Plan that enhances the performance of the covered Product.
W. Any cost recoverable under any other warranty, guarantee, or under an insurance policy (in such case, this Plan will cover any applicable deductible).
X. Any fees charged by a cell phone carrier including but not limited to activation fees.
CANCELLATION AND REFUND. Cancel this Plan during your 30-day review period and you will owe nothing; at any time thereafter, you will continue to be covered until the final day of the then-current coverage period in which you provide such notice of cancellation. Your cancellation will become effective the following coverage period and you will remain liable for any other fees, purchases or charges to be paid pursuant to this Plan. If we are unable to bill to your designated billing source for the monthly fee due for the Plan, We shall have the right to terminate this Plan in which event you will no longer have access to any of its benefits. In addition to Our termination rights set forth above, we may elect, in our sole discretion, to keep this Plan in effect and suspend your access to all of its benefits until such time (if any) as we are able to bill the monthly fee to your designated billing source. The benefits included within this Plan require that the monthly fee be paid when due. 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 cancel online at ezphonexchange.com
TRANSFERABILITY. This Plan is not transferable.
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 repair for operational or mechanical failure, you are required to call the toll free number listed on the front of this Contract or submit your claim in writing to Service Net, 650 Missouri Ave., Jeffersonville, IN 47130. 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 paid 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 LIMITED TO, 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. The conditions listed on the front of this form may apply to you.
Arizona Residents: The Cancellation section of this Contract is deleted in its entirety and replaced with the following: If this Contract is canceled you will be provided a pro rata refund after deducting for administrative expenses not to exceed twenty-five ($25) dollars associated with the cancellation. Further, we will not cancel or void this Contract due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. No claim incurred or paid will be deducted from the amount to be returned. Neither we, our assignees, nor our subcontractors will cancel or void coverage under this Contract due to our failure to provide correct information or our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner. The Provider is Service Net Warranty, LLC located at 650 Missouri Ave.,
California Residents: This plan is not offered in California. For information regarding Our privacy practices and your rights under the California Consumer Privacy Act, please visit https://www.aig.com/privacy-policy.
Florida Residents: This plan is not offered in Florida.
Georgia Residents: The Administrator may not cancel this Contract except for fraud, material misrepresentation or non-payment by you. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. You may cancel this Contract at any time. Cancellation will comply with Section 33-24-44 of the Georgia Code. Refunds will be based on the excess of the consideration paid for this Contract above the customary short rate for the expired term of the Contract. If cancelled by Administrator, refund will be on a pro-rata basis. Claims paid shall not be deducted from any refund owed.
Hawaii Residents: Any refund not made within forty-five (45) days shall include a ten percent (10%) per month penalty. This contract does not cover consequential damages or pre-existing conditions. In the event we cancel this contract, we shall provide five (5) days prior notice of such cancellation which notice shall include the effective date of cancellation.
Illinois Residents: If no claim has been made under this Contract, you may return this Contract within thirty (30) days of the date of contract purchase. Any cancellation of this Contract more than thirty (30) days after its date of purchase made pursuant to the Cancellation Section, reverse, is subject to a cancellation fee equal to the lesser of ten percent (10%) of the price of the contract or fifty ($50) dollars. The obligor, Service Net Warranty, LLC, is the party responsible for honoring cancellation requests. This Contract does not cover failure resulting from normal wear and tear.
Indiana Residents: Proof of payment for this Contract constitutes proof of payment to the insurer identified in the Coverage and Term section, reverse, for reimbursement insurance coverage specified in that section.
Michigan Residents: If the performance of this Service Contract is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the Service Contract shall be extended for the period of the strike or work stoppage.
North Carolina Residents: The purchase of this Contract is not required either to purchase or to obtain financing for a home appliance. The Administrator may not cancel this Service Contract except for non-payment by you or for violation of any of the terms and conditions of this Contract.
New Mexico Residents: You may return this service contract within 20 days of the date this service contract was mailed to you, or within 10 days if the service contract was delivered to you at the time of sale. If you made no claim, the service contract is void and the full purchase price will be refunded to you. A 10% penalty per month will be added to a refund that is not made within 60 days of your return of the service contract. If you cancel this Contract thereafter, you will be refunded the remaining days of coverage on a monthly prorated basis, less costs for service performed. These provisions apply only to the original purchaser of the service contract.
Nevada Residents: You are entitled to a “Free Look” period for this Contract. If you decide to cancel this Contract within thirty (30) days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. If you cancel this Contract after thirty (30) days from purchase, you will receive a pro rata refund based on the days remaining, less a cancellation fee of twenty-five dollars ($25.00) or ten percent (10%) of the Contract fee, whichever is less. No cancellation of this Contract may become effective until at least fifteen (15) days after a notice of cancellation is mailed to you at your last known address. If we fail to pay the cancellation refund within 45 days of your written request we will pay you a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If the contract has been in effect for 70 days or more, we can only cancel this Contract due to (1) unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed; (2) Discovery of fraud or material misrepresentation by the holder in obtaining the service contract, or in presenting a claim for service; (3) an act or omission by you or a violation by you of any condition of the service contract, which occurred after the effective date of the service contract and which substantially and materially increases the service required under the service contract. If we cancel this Contract you will receive a pro-rata refund based on the days remaining, no cancellation fee will be imposed and no deduction for claims paid will be applied. LIMITATIONS OF COVERAGE section contains exclusions and limitations to coverage but not reasons for which the contract itself may be cancelled. If these repairs cannot be completed within three (3) calendar days, we will send you a report indicating the status of these repairs. No deductions of any type shall be made from any refund owed as a result of cancellation and or buyout.
New York Residents: You may return this Contract by mailing it to the attention of the Administrator at the address listed on the back of this contract. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us.
Ohio Residents: Repairs cannot exceed the purchase price of the product; the total payment(s) for all claims under this Contract shall not exceed the original retail price of the covered product(s).
Oklahoma Residents: This Contract is not issued by the manufacturer or wholesaler company marketing the product. This Contract will not be honored by such manufacturer or wholesale company. The following replaces the contract Cancellation and Refund language on the reverse side: If You cancel this Contract, return of premium will be based upon ninety percent (90%) of unearned pro rata premium. If we cancel this Contract, return of premium will be based upon one hundred percent (100%) of unearned pro rata premium. In Oklahoma the Dealer shall be obligated to you to provide service. The Administrator is Service Net Warranty, LLC located at 650 Missouri Ave., Jeffersonville, IN 47130.
Rhode Island Residents: Claims may only be made directly against the provider identified in this Contract. No claim may be made against any insurer identified in this Contract.
South Carolina Residents: This contract does not cover consequential damages or pre-existing conditions. A ten (10%) percent per month penalty shall apply to any cancellation refund not made within forty-five (45) days of the date cancellation was requested. In the event we cancel this Contract, we shall provide prior notice of such cancellation at least fifteen (15) days before the effective date of cancellation. Such notice shall state the effective date of cancellation and the reason for cancellation. 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.
Tennessee Residents: This Contract is automatically extended while the product is being repaired.
Texas Residents: A ten percent (10%) penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Contract to Us. You may cancel this Contract after the time periods above or after you have made a claim for service by returning the Contract to the Administrator and receive a pro rata refund of the Contract price less any claims that have been paid. Unresolved complaints concerning a provider or questions concerning the registration of a service contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 (512) 463-6599 or (800) 803-9202 (in Texas). The Provider is Service Net, 650 Missouri Ave., Jeffersonville, IN 47130.
Utah Residents: This service contract or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Contract is not guaranteed by the Utah Guaranty Fund. We can cancel this Contract during the first sixty (60) days, by mailing to you a notice of cancellation at least ten (10) 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 Contact by mailing a cancellation notice to you at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) material misrepresentation; (b) substantial change in the risk assumed, unless you should reasonably have foreseen the change or contemplated the risk when entering into the Contract; or (c) substantial breach 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 cancellation; and (4) a detailed explanation of the reason for cancellation. For any Product failure which is not reported prior to the expiration of this Contract will be considered if you can provide valid reason (examples; hospitalized, incapacitated, etc.) for delay of notice.
Vermont Residents: If no claim has been made under this Contract, you may return the Contract within 20 days of the date of receipt and receive a full refund of the purchase price of this Contract.
Virginia Residents: If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Washington Residents: This right to void the Contract is not transferable and applies only to the original Contract purchaser. A ten percent (10%) penalty per month will be added to a refund that is not made within thirty (30) days of return of the Contract to Us. If we cancel this Contract for any reason, we must mail you written notice of such cancellation at least twenty-one (21) days prior to the effective date of such cancellation and state the true and actual reason for the cancellation. You are not required to wait before filing a claim directly with the insurer of this contract.
Wisconsin Residents: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE INSURANCE COMMISSIONER OF INSURANCE. This Contract will only be canceled mid-term for material misrepresentation, substantial change in the risk assumed, or a substantial breach of contractual duties, conditions, or warranties or nonpayment. You may, within twenty (20) calendar days of the delivery of this Contract, reject and return this Contract for a full refund less actual costs or changes needed to issue and service this Contract. If we fail to credit a refund within forty-five (45) days after return of the service contract, a ten percent (10%) penalty per month applies to any refund not paid or credited. We will not deny your claim solely because you did not obtain preauthorization if we are not prejudiced by your failure to notify us. In the event that we cancel this Contract for any reason, except nonpayment of the Contract fee or a material misrepresentation by you, We shall provide you with written notice of such cancellation at least five days prior to the effective date of the same. In the event of a total loss of property, you can cancel this contract and receive a pro rata refund, less any claims paid. The “Right To Recover From Others” section does not apply to Wisconsin residents. The Service Contract Provider is Service Net Warranty, LLC, located at 650 Missouri Ave., Jeffersonville, IN 47130. Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy.
Wyoming Residents: A ten percent (10%) penalty per month will be added to a refund that is not made within forty-five (45) days of return of the Contract to us. If We cancel this Contract for any reason, we must mail you written notice of such cancellation at least ten (10) days prior to such cancellation; however, written notice is not required if the reason for cancellation is nonpayment of the Contract purchase price, a material misrepresentation by you, or a substantial breach of your duties relating to the covered product or its use.