Consumer Electronics Agreement

Terms and Conditions

PRODUCT PROTECTION PLAN

I. DEFINITIONS:
(1) “We”, “Us” and “Our” mean the company obligated under this Agreement, Safeware 6500 Busch Boulevard, Suite 233, Columbus, OH 43229, in all states except in Florida and Oklahoma where it is LYNDON SOUTHERN INSURANCE COMPANY, 10151 Deerwood Park Boulevard, Building 100, Suite 330, Jacksonville, Florida 32256, and in New Mexico, New York, Washington, and Wisconsin where it is DEALERS ALLIANCE CORPORATION, 3518 Riverside Drive, Upper Arlington, OH 43221 800-282-8913
(2) “You” and “Your” mean the purchaser of the Covered Product(s) and any authorized transferee/assignee of the purchaser;
(3) “Administrator” means Safeware 6500 Busch Boulevard, Suite 233, Columbus, OH 43229 (800) 800-1492.
(4) “Selling Retailer” means the entity selling the Covered Product and this Agreement. Contact information of the Selling Retailer can be located on the Declarations Page/Sales Receipt; and
(5) “Covered Product” means the consumer item(s) which You purchased concurrently with and is covered by this Agreement;

IIB. REPAIR or Replacement Coverage PLAN:

I. DEFINITIONS:
(1) Term: For the Repair Plan, the term of this Agreement begins on the date of product purchase and continues for the period indicated on the face of this Agreement or as indicated in the Declarations Page, Your sales receipt or invoice. Coverage for mechanical breakdown and covered defects is effective upon the expiration of the shortest portion of the manufacturer’s warranty. 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. THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY.
(2) Coverage: We will repair or replace the Covered Product, at Our discretion, 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. Parts will be replaced with those of like kind and quality. We may use new or remanufactured parts. If the Covered Product cannot be repaired; if the cost of the repair exceeds the original purchase price; if parts are no longer available or are discontinued by the manufacturer, the Covered Product will be replaced as determined by Us with a product of similar quality and features. You are responsible to backup all computer software and data prior to commencement of repair.
(3) Limit of Liability: Our limit of liability for Your Covered Product under the Repair Plan is the cost of authorized repairs, or replacement as determined by Us, with a product of like quality and similar features. In no event will our total liability for repairs or replacement exceed Your purchase price for the Covered Product, excluding sales tax, delivery and installation costs. Upon replacement or repair(s) equal to the purchase price of the covered product, there is no longer any obligation for the replaced product under this Agreement. SERVICE COSTS, TRIP CHARGES, BREAKDOWN CHARGES, INSPECTION FEES OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.
(4) No Lemon Policy: During the term of this Agreement, and subject to Our Limit of Liability, after three (3) service repairs have been completed on the same component of an individual Covered Product and that Covered Product component requires a fourth repair, as determined by Us, We will replace it with a product of comparable performance. Upon replacement, there is no longer any obligation for the replaced product under this Agreement.
(5) How to Get Service: You must Contact the Administrator for the appropriate authorized service center. Call the toll-free number at (800) 800-6132 between the hours of 8:00 AM and 5:00 PM eastern standard time or go online to www.safeware.com. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may 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. For a Covered Product that uses batteries as the prime power supply, check that the batteries do not need replacing or recharging. If You refuse service on a covered item after We have dispatched the repair servicer to Your location You will be billed for that servicer’s applicable trip charge.
(6) Service Deliverables: There may be a deductible required to obtain service for Your Covered Product as indicated on the Declarations Page/Sales Receipt of this Agreement. You will receive service on Your Covered Product as described below and as indicated on the Declarations Page/Sales Receipt of this Agreement: (A) Carry-In: Unless otherwise provided in this Agreement, Covered Products must be delivered and picked up by You at Our authorized service center during normal business hours. (B) Depot (for Tablet plans not TVs): We will provide You with a prepaid return shipping label for You to ship your failed product to the nearest repair facility. Your product must be properly protected with bubble wrap or other protective materials. We are not responsible for and have no liability for product damaged in shipping. Your repaired product will be mailed back to you at no charge. (C) Express (for Tablet plans not TVs): We will mail a shipping box and return label with instructions for You to ship your failed product to Our designated repair facility. We will pay for return postage of your repaired product. (D) In-Home: Service will be performed in Your home as indicated on the Declarations Page/Sales Receipt of this Agreement, or on Your sales receipt or invoice. The authorized service center may opt to remove the Covered Product to perform service in-shop. Your product will be returned upon completion. Additional time and mileage charges for in-home repairs outside of 35 contiguous land miles or the normal service radius of the authorized service center are not covered by this Agreement, and are Your responsibility.

III. WHAT IS NOT COVERED:

I. DEFINITIONS:
(1) Accidental Damage to your product
(2) Products not originally covered by a manufacturer’s warranty;
(3) 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;
(3a.) Cleaning; Periodic checkups; preventive maintenance.;
(4) Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold “ASIS” including but not limited to floor models, demonstrations models, etc;
(5) Part 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 product, including but not limited to batteries, light bulbs, etc.;
(6) 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; 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;
(7) Loss or damage caused by war; invasion; 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; loss of use during the period that the covered product is at an authorized service center or awaiting parts;
(9) Any product used in a commercial setting or rental basis;
(10) Failures that occur outside of the 50 states of the United States of America and the District of Columbia;
(11) Non-functional or aesthetic parts including but not limited to plastic parts, knobs, rollers, baskets; scratches, peeling & dents;
(12) Unauthorized repairs and/or parts;
(13) Cost of installation, setup, diagnostic charges, removal or reinstallation of the covered product, except as provided herein;
(14) Accessories used in conjunction with a covered product;
(15) Any other loss other than a covered breakdown;
(16) Service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of this Agreement;
(17) Additional exclusions specific to Your covered product:
(A) Specific to Electronics: In addition to any applicable exclusions listed above, this Agreement only covers the operating condition of Your Product and does not cover (1) non-operating or external parts, e.g. protective glass; housings; insulation; conduit; frames; cabinets; knobs; dials; drawers; handles; shelves; doors; hinges; light bulbs; projection bulbs; filters; (2) any installed accessory item; (3) any antennae or antennae system; any expansion of the channel or frequency range capabilities of the Product; circuit adjustments required to receive any particular station; service or adjustments due to changes in external power and power connectors and connections; reception or normal signal; and (4) Speakers; remote controls; phonograph cartridges and stylus; headphones. (B) Specific to Computers and Peripheral Equipment: In addition to any applicable exclusions listed above, We do not cover damage caused by or due to ELEC/ADH SAFE -- LOS 05.05.11 (1) overheating caused by accumulation of dust, vermin or fan blockage; 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; (3) broken or cracked LCD screens in portable monitors; burned-in image in LCD, LED, OLED, Plasma or anyother type of display; application programs; operating system 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. IN NO EVENT SHALL THE COMPANY OR ANY OF THE COMPANY’S AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS CONTRACT WILL NOT COVER LOSS OR DAMAGE NOT SPECIFICALLY LISTED UNDER “WHAT IS COVERED”. V. CONDITIONS: (1) Renewal: The Replacement Plan is not renewable. Repair Plans may be renewed at Our discretion and for a period not to exceed one year. (2) Transferability: This Agreement is transferable by the original purchaser for the balance of the original extended protection period. The Covered Product may be registered by mailing a copy of this Agreement and Declaration Page to the Administrator, and providing the date of new ownership, new owner’s name, complete address, and telephone number and a check for $10.00 payable to the Administrator Safeware Insurance. The manufacturer’s warranty may not be transferable. This Agreement does not replace the manufacturer’s warranty and provides no coverage therein, except as noted above. (3) Territories: The agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands. (4) 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. You will be made whole before We retain any amount We may recover. (5) Arbitration: In the event of a disagreement between You and Us concerning costs, either party may make a written demand for arbitration. This must be done within sixty (60) days after the day You filed Your claim. Each party will select an arbitrator. The two (2) arbitrators will select an umpire. Each party will pay the expenses of the respective arbitrator selected. The expenses of the umpire will be shared equally. Unless both parties agree otherwise, arbitration will take place in the county and state in which You live. Local rules will apply. A majority decision will be binding. State Variation: In Arizona: Arbitration does not preclude the consumer’s right to file a complaint with the Arizona Department of Insurance Consumer Affairs Division, (800) 325-2548. In California: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, you may contact BEAR at 1-800-952-5210, or you may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, California 95660, or you may visit their website at www.bear.ca.gov. Informal dispute resolution is not available. In Florida, Georgia, Oregon and Wisconsin: The “Arbitration” section of this Agreement is removed. In Wyoming: Arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement. (6) Cancellation: You may cancel this Agreement for any reason at any time. If You cancel Your Agreement within thirty (30) days of receipt of Your Agreement You must first return to the Selling Retailer for a full refund minus a 10% cancellation fee. If You cancel after thirty (30) days of receipt of Your Agreement, You must first return to the Selling Retailer or to the Obligor should the Selling Retailer not be available, and 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 more), less the cost of claims paid. To cancel, fill out the contact form on the contact us page located at dtvexpress.com with the subject as “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. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If We cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.

VII. INSURANCE:THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY “LYNDON SOUTHERN INSURANCE COMPANY”, 10151 DEERWOOD PARK BOULEVARD, BUILDING 100, SUITE 330, JACKSONVILLE, FLORIDA 32256 (800) 888-2738, EXCEPT IN NORTH CAROLINA AND GEORGIA WHERE THE OBLIGOR IS INSURED BY “INSURANCE COMPANY OF THE SOUTH”, 10151 DEERWOOD PARK BOULEVARD, BUILDING 100, SUITE 330, JACKSONVILLE, FLORIDA 32256 (800) 888-2738, AND IN CA, NH, NY, WA AND WI WHERE THE OBLIGOR IS INSURED BY “DEALERS ASSURANCE COMPANY”, 3518 RIVERSIDE DRIVE, UPPER ARLINGTON, OHIO 43221, (800) 282-8913. IF THE ADMINISTRATOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECLTY TO THE INSURER AT THE ABOVE ADDRESS. (7) State Variations: The following state variations will control if inconsistent with any other provisions: Click here to see the state variations.