Protection Plan Terms & Conditions

1. DEFINITIONS
   1. "Obligor", "We", "Us" and "Our" mean the company obligated under this Agreement, National Product Care Company, 175 West Jackson Blvd, Chicago, Illinois, 60604, except in Arizona, Florida, Oklahoma and Wisconsin, where it is Service Saver, Incorporated , 175 West Jackson Blvd, Chicago, Illinois, 60604, (800) 209-6206; in Florida, the license number is: 80173; in Texas, where it is National Product Care Company dba Texas National Product Care Company, Inc., 175 West Jackson Blvd, Chicago, Illinois, 60604; or in Maine, where it is the Seller.
   2. "You" and "Your" mean the purchaser of the Covered Product(s) and any authorized transferee/assignee of the purchaser.
   3. "Administrator" means TWG Innovative Solutions, Inc. (TWGIS), P.O. Box 87639, Chicago, IL, 60680-0639, (800) 843-2665.
   4. "Seller" means the entity selling the Covered Product and/or this Agreement.
   5. "Covered Product" means the item(s) which You purchased and is covered by this Agreement.
   6. "Agreement" means the terms, conditions, limitations and exclusions, including Your sales receipt and/or the face page.
2. REPLACEMENT PLAN
   1. Term: The term of this Agreement begins on the date of the Covered Product delivery and continues for the period indicated on Your sales receipt and/or the face page of this Agreement or until a claim is paid, whichever occurs first. Coverage is effective upon expiration of the shortest portion of the manufacturer’s warranty. Coverage for accidental damage from handling (ADH) is effective on the date of the Covered Product delivery.
   2. Coverage: Through the Administrator, We will replace the Covered Product, at Our discretion, when required due to a mechanical or electrical breakdown, including those experienced during normal wear and tear. A mechanical or electrical breakdown caused by a direct result of a power surge is also covered. Your Agreement includes coverage for a mechanical or electrical breakdown caused by unintentional or accidental damage from handling (ADH) of the Covered Product. The Covered Product must fail during normal usage. The Covered Product will be replaced with a product of equal or similar features and functionality. At Our discretion, We may also issue a check, gift card or voucher to You, equal to the original purchase price of the Covered Product, excluding sales tax and delivery costs.
   3. Limit of Liability: The limit of liability under the Replacement Plan is the value of the Covered Product at the time of purchase, excluding sales tax and delivery costs. This Agreement shall expire upon issuance of a replacement product, check, gift card or voucher.
   4. What To Do When Your Covered Product Fails To Operate:
      • You must obtain authorization prior to the receipt of a replacement product through the Administrator, by calling (800) 843-2665
      • Have the Serial number of the Covered Product readily available
      • Once authorization is obtained, You will be required to return the Covered Product using a prepaid shipping label provided by the Administrator.
      • You will be required to provide a credit card to secure the return of Your failed Covered Product. If You do not return the failed Covered Product within a reasonable time period, to be communicated to You at the time of Your claim, Your credit card will be charged for the replacement unit.
      • The replacement product will be mailed to You at no cost.
      • Covered Products found to be non-defective will be returned to You. You are responsible for all costs involved when Covered Products are found to be non-defective.
3. WAIT PERIOD
   This contract does not have a wait period.
4. DEDUCTIBLE
   No deductible applies to this Contract.
5. RENEWABILITY
   This Contract is not renewable.
6. WHAT IS NOT COVERED WITHIN THIS CONTRACT
   1. PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S WARRANTY;
   2. 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;
   3. INHERENT PRODUCT DEFECTS OR PARTS FAILURE DUE TO A RECALL;
   4. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT AND/OR ANY PRODUCT SOLD "AS-IS" INCLUDING BUT NOT LIMITED TO FLOOR MODELS, DEMONSTRATION MODELS, ETC.;
   5. PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR UNLESS TIED TO A BREAKDOWN AND ITEMS NORMALLY DESIGNED TO BE PERIODICALLY REPLACED BY YOU DURING THE LIFE OF THE COVERED PRODUCT;
   6. DAMAGE FROM ACCIDENT AND MISHANDLING (UNLESS ACCIDENTAL DAMAGE FROM HANDLING IS INCLUDED IN YOUR AGREEMENT), ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR ALTERATIONS TO A COVERED PRODUCT, ANY COVERED PRODUCT WITH REMOVED OR ALTERED SERIAL NUMBERS, FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS, AND EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONS, FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER CONDITIONS, EXTREME TEMPERATURE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF GOD OR CONSEQUENTIAL LOSS OF ANY NATURE;
   7. LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL COMMOTION;
   8. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT AN AUTHORIZED SERVICE CENTER OR OTHERWISE AWAITING PARTS;
   9. ANY PRODUCT USED IN AN INDUSTRIAL SETTING, INCLUDING BUT NOT LIMITED TO, USE ON A RENTAL BASIS, AS A PRIMARY SOURCE OF INCOME, OR WHEN EQUIPMENT FUNCTIONALITY IS ESSENTIAL TO BUSINESS OPERATION;
   10. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE UNITED STATES OF AMERICA, INCLUDING THE DISTRICT OF COLUMBIA;
   11. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, SHELVES, DRAWERS, RACKS, KNOBS, ROLLERS, BASKETS, SCRATCHES, HANDLES, COSMETIC PARTS OR PEELING AND DENTS, NONFUNCTIONAL PARTS ARE THOSE PARTS THAT ARE NOT CRITICAL TO THE PERFORMANCE OF THE PRODUCT’S ESSENTIAL FUNCTION, A PART THAT IF MISSING OR BROKEN, DOES NOT RESULT IN THE PRODUCT BEING NON-OPERATIONAL;
   12. UNAUTHORIZED REPAIRS AND/OR PARTS;
   13. DIAGNOSTIC CHARGES OR COST OF SET-UP OF THE COVERED PRODUCT;
   14. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT;
   15. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE COVERED PRODUCT;
   16. ANY MECHANICAL BREAKDOWN OR DAMAGE CAUSED BY A COMPUTER VIRUS;
   17. SERVICE WHERE NO PROBLEM CAN BE FOUND;
   18. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE TERM OF THIS AGREEMENT;
   19. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY COVERED PRODUCT OR PART;
   20. INCORRECT CONNECTION OF SIGNAL LEADS OR INCORRECT ELECTRICAL SUPPLY, FAILURE OR IMPROPER USE OF ANY ELECTRICAL SOURCE,
   21. ABNORMAL VARIATION OF ELECTRICITY;
   22. IMPROPER INSTALLATION OF COMPONENTS OR PERIPHERALS;
   23. LOSS OR CORRUPTION OF ANY RECORDING MEDIA, INCLUDING ANY PROGRAM, SOFTWARE, APPLICATION, 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;
   24. COLOR FADING, BURNED-IN PHOSPHOR (INCLUDING IMAGE GHOSTING), PIXEL BURNOUT NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS;
   25. ANY RELATED NETWORK PROBLEMS OR ANY SERVICE THAT WOULD BE UNIQUE TO THE SYSTEM’S OPERATION ON A NETWORK;
   26. FAILURE AS A RESULT OF UNAUTHORIZED MODIFICATION OF THE OPERATING SYSTEM AND OR CORE SOFTWARE;
   27. REPAIRS NECESSITATED BY THE LOADING OF SOFTWARE, APPLICATIONS, SOFTWARE CONFIGURATIONS OR ANY DATA FILES.
7. CONDITIONS
   1. Transferability:
      This Agreement is transferable by the original purchaser for the balance of the original extended protection period. The transfer of the Covered Product may be registered by mailing information to the Administrator, including the agreement reference number, date of new ownership, new owner’s name, complete address, and telephone number.
   2. Territories:
      The agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include any Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
   3. Subrogation:
      If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived.
   4. Cancellation:
      You may cancel this Agreement for any reason at any time. To cancel Your Agreement, please contact the Administrator. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement, You will receive a full refund. You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. 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. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, the return premium is based upon one-hundred percent (100%) of the unearned pro-rata premium.
   5. Entire Agreement:
      This is not a contract of insurance. This is the entire agreement between the parties, and no representation, promise or condition not contained herein shall modify these items.

1. In Arizona: In Section 6 "WHAT IS NOT COVERED WITHIN THIS CONTRACT," exclusion (4) is removed. The following statement is added to Section 7.4 "Cancellation": No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. See also (21) below. The Service Contract Administrator license number for TWG Innovative Solutions, Inc. is 121.
2. In Arkansas: The following statement is added to Section 7.5"Entire Agreement": If the Administrator does not pay a claim within sixty (60) days of submitting the claim, the claim can be submitted to the insurer at the above address. A claim submitted to the insurer may include a claim of the unearned premium in the event of a cancellation. The following is added to this Agreement: This Agreement does not exclude pre-existing conditions. See also (19) and (21) below.
3. In California: Section 7.4 "Cancellation" is amended as follows: If You cancel Your Agreement after thirty (30) days of receipt of Your Agreement, You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid.
4. In Connecticut: The following statement is added to Section 2.1 "Term": If the term of this Agreement is less than one (1) year, coverage is automatically extended if the Covered Product is in the process of being replaced when the Agreement expires. See also (21) below.
5. In Florida: The rate charged for this service contract is not subject to regulation by the Florida Office of Insurance Regulation. Section 7.4 "Cancellation" is amended as follows: If You cancel this Agreement, You will receive a pro-rata refund based upon ninety percent (90%) of the unearned pro-rata premium less the cost of any claims paid or repairs made on Your behalf. If We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro-rata premium.
6. In Georgia: In Section 6 "WHAT IS NOT COVERED WITHIN THIS CONTRACT", exclusion (4) 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 product sold refurbished, used, damaged, "as-is" including but not limited to floor models, demonstration models, etc." Section 7.4 "Cancellation" 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. We may not cancel this Agreement except for fraud, material misrepresentation, or nonpayment by You. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. If We cancel this Agreement, 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. See also (21) below.
7. In Maine: The following statement is removed from Section 1.1 "Definitions": or in Maine, where it is the Seller.
8. In Michigan: The following statement is added to Section 2.1 "Term": 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.
9. In Missouri: A claim submitted to the insurer may include a claim for return of the unearned premium in the event of a cancellation. See also (19) and (21) below.
10. In Nevada: Section 7.4 "Cancellation" is replaced with the following: You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. If You cancel this Agreement within twenty (21) days after Your receipt of this Agreement and You have not made a claim under this Agreement, You are entitled to a full refund of the Total Price as specified on Your sales receipt or the face page of this Agreement. If You cancel this Agreement any time after twenty (21) days after Your receipt of this Agreement or if You cancel this Agreement and have made a claim at any time under this Agreement, You are entitled to a refund of the unearned premium calculated on a pro rata basis, minus a cancellation fee of 10% of the Total Price as specified on the Information Page for this Agreement. We may cancel this Agreement for any reason within seventy (70) days after Your receipt of this Agreement. We may cancel this Agreement thereafter only if:
    • You fail to pay an amount when due;
    • You are convicted of a crime that results in additional service under this Agreement;
    • It is discovered that You committed fraud or made a material misrepresentation in obtaining this Agreement or submitting a claim;
    • It is discovered that You engaged in an act or omission, or violated a condition of this Agreement, after the date of this Agreement which substantially and materially increases the service due under this Agreement; or
    • A material change occurs to the nature or scope of the service that causes it to be substantially and materially increased beyond that contemplated as of the date of this Agreement.
    If We cancel this Agreement as provided above, We will send You written notice at the address indicated in Our records. The notice will include the effective date of the cancellation, which will not be less than fifteen (15) days after the date We send You the notice of cancellation. In addition, You will be entitled to a refund of the unearned premium calculated on a pro rata basis. If We fail to deliver to You within forty-five (45) days any unearned premium to which You are entitled as provided above, You will be entitled to an additional amount equal to 10% of the Total Price as specified on the Information Page for this Agreement for every thirty (30) days such refund is delayed beyond the 45-day period. See also (19) and (20) below.
11. In New Hampshire: The following statement is added to Section 7.5 "Entire Agreement": In the event You do not receive satisfaction under this Agreement, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, New Hampshire, 03021, (603) 271-2261. See also (21) below.
12. In New Mexico: Section 7.4 "Cancellation" is amended as follows: If this Agreement has been in force for a period of seventy (70) days, We may not cancel 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 increase the service required under this Agreement. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement and do not receive a refund or credit within sixty (60) days of receipt of the returned service agreement, a ten percent (10%) penalty per month shall be applied to the refund.
13. In North Carolina: The following statement is added to Section 7.4 "Cancellation": We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement. The following statement is added to Section 7.5"Entire Agreement": You understand that the purchase of this Agreement is not required to purchase or, to obtain financing for, the Covered Product. See also (21) below.
14. In Oklahoma: Section 7.4 "Cancellation", is deleted and replaced with the following: You may cancel this Agreement for any reason at any time. To cancel, contact the Administrator in writing. If You cancel within the first thirty (30) days of receipt of Your Agreement, You will receive a full refund. If You cancel after thirty (30) days, You will receive a pro-rata refund based on one-hundred percent (100%) of the unearned pro-rata premium, less ten percent (10%) of the unearned pro-rata premium or twenty-five dollars ($25.00), whichever is less. No claim incurred or paid nor any repair made, will be deducted from the amount to be returned in event of cancellation. We may not cancel this Agreement except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation. If We cancel, the return premium is based on one-hundred percent (100%) of the unearned pro-rata premium. The following statement is added to Section 7.5"Entire Agreement": NOTICE: This service warranty is not issued by the manufacturer or wholesale company marketing the product. This service warranty will not be honored by such manufacturer or wholesale company. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Obligations of the Obligor under this Agreement are insured by a policy of insurance issued by Virginia Surety Company, Inc., 175 West Jackson Blvd., Chicago, Illinois, 60604, (800) 209-6206. Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts.
15. In South Carolina: The following statement is added to Section 7.5"Entire Agreement": 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. See also (19) and (20) below.
16. In Texas: The following statement is added to Section 7.4 "Cancellation": If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement, Your Agreement will be voided. If Your Agreement is voided and You do not receive a refund or credit within thirty (30) days of receipt of the returned service agreement, You may request a refund from Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois, 60604, and a ten percent (10%) penalty per month shall be applied to the refund. The following statement is added to Section 7.5"Entire Agreement": 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. See also (21) below. The Service Contract Administrator license number for TWG Innovative Solutions, Inc. is 121.
17. In Utah: Section 7.4 "Cancellation" is amended as follows: We can cancel the 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 the Agreement 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 the Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to nonpayment of premium, and thirty (30) days prior to cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement, (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. The following statement is added to Section 7.5"Entire Agreement": 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. This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. See also (21) below.
18. In Washington: Section 7.5"Entire Agreement" is deleted in its entirety and replaced with the following: This is not a contract of insurance. This is the entire Agreement between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. You may make a claim directly with Virginia Surety Company, Inc. at 175 West Jackson Blvd, Chicago, Illinois, 60604, (800) 209-6206, who insures the obligations of National Product Care Company under this Agreement. See also (19) and (20) below.
19. In Wisconsin: In Section 6 "WHAT IS NOT COVERED WITHIN THIS CONTRACT"", exclusion (12) is removed. The following statement is added to Section 7.3 "Subrogation": The Agreement holder will be made whole before We may retain any amount We may recover. The following statement is added to Section 7.4 "Cancellation": Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Agreement. The following statement is added to Section 7.5 "Entire Agreement": This Agreement is subject to limited regulation by the Office of the Commissioner of Insurance. 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. See also (21) below.
20. In Wyoming: Section 7.4 "Cancellation" is amended as follows: If You cancel Your Agreement after thirty (30) days of receipt of Your Agreement, You will receive a full refund.
21. In Alabama, Arkansas, Hawaii, Maine, Maryland, Minnesota, Missouri, Nevada, New York, South Carolina, Washington and Wyoming: The following statement is added to Section 7.4 "Cancellation": If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement and do not receive a refund or credit within thirty (30) days of receipt of the returned service agreement, a ten percent (10%) penalty per month shall be applied to the refund.
22. In Hawaii, Minnesota, Nevada, South Carolina and Washington: Section 7.5 "Entire Agreement" is deleted in its entirety and replaced with the following: This is not a contract of insurance. This is the entire Agreement between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. The Obligor under this Agreement is insured by a policy of insurance issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois 60604, (800) 209-6206. You may make a claim directly with Virginia Surety Company, Inc. at this address.
23. In Alabama, Arizona, Arkansas, Connecticut, Georgia, Illinois, Kentucky, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oregon, Texas, Utah, Wisconsin and Wyoming: Section 7.5 "Entire Agreement" is deleted in its entirety and replaced with the following: This is not a contract of insurance. This is the entire Agreement between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. The Obligor under this Agreement is insured by a policy of insurance issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois 60604, (800) 209-6206. If the Administrator does not pay a claim within sixty (60) days of submitting the claim, the claim can be submitted to the insurer at the above address.