|
SERIVCE CONTRACT AGREEMENT
TERMS AND CONDITIONS
Throughout this NSI Extended Service Plan ("Plan"), the words "we", "us", and
"our" refer to Westchester Specialty Insurance services, Inc. (WSIS) in all states where WSIS is the obligor and
the NSI retailer ("Dealer") in states where the dealer is the obligor. The word "Customer" refers to the purchaser
of this plan.
Service and Coverage
This Plan covers the cost of repairing a mechanical of electrical failure of the covered product caused by defects
n workmanship, materials or normal wear and tear. The product may either be repaired or may be replaced at our
discretion with an equivalent model of like kind and quality, or a voucher may be issued at our discretion for
the original purchase price. The replacement may be new or rebuilt to meet the manufacturer's specifications of
the original product. Our liability is limited, at our option, the lower of 1) the actual cost of repair or 2)
replacement of the product or any defective part or 3) the original purchase price of the product. Replacement
parts may be either new or remanufactured and will be obtained at the least expensive exchange-basis possible.
Parts that are replaced become our property and are to be returned to us upon request, at our cost, subject to
applicable state law.
Coverage commences on the date the Customer takes possession of the product and is inclusive of the manufacturer's
responsibility. If the product requires repair during the manufacturer's warranty period, any charges covered under
the plan that are not covered by the manufacturer will be reimbursed.
If the Plan is purchased after the date that the product is purchased and the manufacturer's factory warranty has
expired, no claim can be made within 90 days of the policy period start date.
All repairs must be carried out by authorized service centers selected at out discretion. Unauthorized repairs
may result in denial of the claim and the cost of repair will be the responsibility of the Customer. In-home service
is provided on all products where the manufacturer authorized such service during its warranty period. All other
service will be performed on a carry-in basis or shipment of the product to an authorized service center may be
required.
If repair is required, call 1-888-446-8008 to report the failure. Unless authorized by us, the product should not
be returned to the dealer. If the failure is covered by the Plan, an authorized service center will be identified.
Original proof of purchase and this document may be required before service is authorized.
While we try to complete service as quickly as possible, we are not responsible for delays caused by factors beyond
our control, including but not limited to manufacturer's delays or acts of God.
Special Benefits
Electrical Surge - This plan provides power surge protection from date of purchase.
Spoilage - The cost of replacing food that is spoiled as a result of a covered failure of a refrigerator or freezer
will be covered to a maximum of $100.00 per service repair during the term of this agreement.
Remote Controls - This Plan provides for the repair or replacement of operating components that fail as a result
of mechanical or electrical failure. We may choose, at our option, to replace the item with a like kind and quality
universal remote control.
Replacement Guarantee - If the covered product has three service repairs completed and a fourth repair is required,
as determined by us, within any 12-month period, the product will be replaced with a comparable product. The cost
of the replacement will not exceed the original product purchase and may be less due to technological advances.
We reserve the right to issue a voucher for the original purchase price. Any remaining duration of the Plan will
be attached to the replacement product. Preventative maintenance checks, cleaning, product diagnosis, customer
education, accessory repairs/replacements, computer software related problems, and any unauthorized repairs done
outside the U.S.A. are not considered repairs for the purposes of this Replacement Guarantee.
Optional Major Component Coverage - If indicated on the contract, this Plan will cover the cost of repairing of
replacing the following parts for a period of ten years from the date of purchase. If the manufacturer's warranty
covers the cost of parts, then this Plan will cover the labor cost of repair or replacement. Service or trip charges
are not covered during the extended period of coverage beyond the original term of this Plan.
- Washer Transmission
- Dryer heating element/gas burner
- Dishwasher motor
- Range baking/broiling surface elements and/or electronic ignition
- Microwave magnetron
- Refrigerator/freezer or room air conditioner compressor
- 5" to 27" TV picture tube (limited to 5 years coverage)
Conditions and exclusions
The product must be maintained in accordance with the requirements and/or recommendations set forth by the manufacturer
to keep the Plan in fore. Evidence of proper maintenance and/or service may be required to validate a claim. Failures
due to lack of proper maintenance or cleaning will not be covered.
This Plan does not cover products that have been modified or used for commercial purposes, public rental or communal
us in multi-family housing, unless the amount of use does not exceed that expected in a single-family home and
is non-revenue producing.
- Failures caused by any of the following are not covered:
- Neglect, abuse or misuse of the product,
- Failure to replenish or replace coolants, lubricants or any other fluid required
by the manufacturer,
- Damage caused by non-authorized repair personnel,
- Accidental or intentional physical damage, spilled liquids or insect infestation,
- Corrosion, blockages, denting or scratching,
- Any external cause such as fire, water ingress, sands, theft or weather.
The following are not covered by the plan:
- Any replacement of consumable or disposable items, such as knobs, batteries,
filters, bulbs, spark plugs, stylus, vacuum cleaner bags and belts, printer cartridges,
- Replacement of refrigerant coolant unless loss is caused by a covered failure,
- Repair of cosmetic damage where the function of the product is unaffected,
- Service calls where no covered fault is found,
- Loss of use of the product or consequential loss of any kind, except food spoilage,
as set forth above,
- Loss or damage to stored data; repairs related to installed software; computer
virus protection, prevention,
- detection and/or repair; and computer hardware added after the original purchase,
- International coverage is not available.
Cancellation
We may cancel this Plan for fraud or material misrepresentation, including but not limited to commercial or rental
use. Unauthorized repair or replacement shall result in the cancellation of the Plan. In the event of cancellation
by us, written notification of cancellation shall be mailed not less than forty-five (45) days before cancellation
is effective. The Customer may cancel this Plan at any time by mailing or delivering to the Dealer or the Plan
Administrator notice of cancellation. If cancelled within thirty (30) days of Plan application date, a full refund
of the price paid for the Plan will be made provided no service has been performed. After thirty (30) days, a pro-rata
refund less reasonable handling costs and the cost of any claims paid will be made.
Transfer
The Plan may be transferred to another owner of the product by providing the name and address of the new owner
within fifteen (15) days of change of ownership with a $25.00 fee.
Renewal
A renewal of the Plan may be offered at our discretion at a renewal price and terms reflecting the age of the product,
current service costs, product repair history and actuarial data.
Obligor
WSIS is the Obligor under this Plan in the following states: AL, AR, AZ, CA, CT, DC, DE, GA, IA, IL, IN, KY, LA,
MD, NE, NV, OH, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WI, WA, WY and WV. In Oklahoma, Westchester Specialty Services,
Inc, and Westchester warranty Services in New York. In all other states, the retailer from which you purchased
this Plan is contractually obligated to you to provide coverage under this Plan. We can be contacted at 4550 River
Green Parkway, Duluth, GA 30096, telephone 1-888-446-8008.
This Plan is secured by a contractual liability insurance policy underwritten by Westchester fire Insurance Company,
6 Concourse Parkway, Atlanta, GA 30328, telephone 1-888-995-9907. If, within sixty (60) days from the date, proof
of loss is properly filed with us, we fail to pay a covered claim or to provide a refund, the Customer or any subsequent
holder of this Plan may make claim directly to the insurer.
State Variations:
The following state variations shall apply if inconsistent with any other terms and conditions.
Alabama: The Use of non-original manufacturer's parts is allowed
under this Plan. If no claim has been made under this Plan, You may return this Plan within twenty (20) days of
the date the Plan was mailed to You at the time of sale. In such a case, this Plan will be void and the Administrator
will refund to You the full amount of the purchase price of this Plan. This right to void the Plan is not transferable
and applies only to the original Plan purchaser. If You cancel this Plan otherwise, You will be provided a pro
rata refund less reasonable handling costs, any claims that may have been paid, and an administrative fee of twenty-five
($25.00) dollars.
Arizona: If this Plan is cancelled, You will be provided a pro rata refund after deducting for administrative expenses
not to exceed twenty-five ($25.00) dollars associated with the cancellation. Further, We will not cancel or void
this Plan due to preexisting conditions, prior use or unlawful acts relating to the product of misrepresentation
by Us or our subcontractors. No claims 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 Plan 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.
California: You may cancel this Agreement at any time for any reason by providing a written notice of cancellation
to the Administrator at the address below. If You cancel this service Plan within the first thirty (30) days after
receipt of this Agreement, You will receive a pro rated refund based on the time remaining on Your Plan, less any
administrative fee, not to exceed 10% of the price of the service Plan or twenty-five ($25.00) dollars, whichever
is less, and less the value of any services that have been provided. If the Administrator cancels, You shall be
refunded 100% of the unearned pro rata purchase price of this Agreement. If the purchase of this Agreement was
financed, the Administrator may make the refund payable to You, the assigned, or the lender of record, or both.
Connecticut: The Plan is automatically extended while the product is being repaired. You man cancel this Plan if
You return the product or the product is sold, lost, stolen, or destroyed. Resolution of disputes: If You purchased
this Service Plan in Connecticut, You may pursue arbitration to settle disputes between You and the provider of
this Plan. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford,
CT 06142-0816, Attn: 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 Plan.
Georgia: The Administrator may not cancel this Plan except for fraud, material misrepresentation or non-payment
by You, for violation of any of the terms and conditions of this Plan, or if required to do so by any regulatory
authority. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation.
Cancellation will comply with Section 32-24-44 of the Georgia Code. Refunds will be based on the excess of the
consideration paid for this Plan above the customary short rate for the expired term of the Plan.
Illinois: You may cancel this Plan. The Cancellation fee will be the lesser of 10% of the Service Plan price of
fifty ($50.00) dollars, whichever is less. You may cancel the Service Plan within thirty (30) days after the purchase,
if no service has been provided and receive a full refund of the amount paid for the Service Plan, less any cancellation
fee. You may cancel the Plan at any other time and You will receive a pro rata refund for the amount paid for the
Service Plan for the unexpired number of months of the Plan, based on the number of elapsed months of the Service
Plan, less the value of any services received and any cancellation fee.
Michigan: If the performance of this Service Plan is interrupted because of a strike or work stoppage at the company's
place of business, the effective period of the Service Plan shall be extended for the period of the strike or work
stoppage.
New York: If no claim has been made under his Plan, You main return this Plan within twenty (20) days of the date
the Plan was mailed to You, or within ten (10) days of delivery if the Plan was delivered to You at the time of
sale. In such a case this Plan will be void and we will refund to You the full amount of the purchase price of
this Plan. This right to void the Plan is not transferable and applies only to the original Plan purchaser. If
You cancel this Plan otherwise, You will be provided a pro rata refund less reasonable handling cost, any claims
that may have been paid, and an administrative fee of up to twenty-five ($25.00) dollars. You may return this Plan
by mailing it to the attention of the Administrator at the address listed below. 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 Plan to Us.
North Carolina: The purchase of this Plan is not required either to purchase or obtain financing for a home appliance.
The Administrator may not cancel this Service Plan except for non-payment by You or for violation of any of the
terms and conditions of this contract. Any administrative fee applied to a pro rata refund will not exceed 10%
of the amount of the pro rata refund.
Oklahoma: This Plan I not issued by the manufacturer or wholesale company. This Plan will not be honored by such
manufacturer or wholesale company. Refunds will be based upon ninety 90% of the unearned pro rata premium.
Rhode Island: Claims may only be made directly against the provider identified in this Plan. No claim may be made
against any insurer identified in this Plan.
Tennessee: This Plan is automatically extended while the product is being repaired.
Utah: Coverage afforded under this Plan is not guaranteed by the Property and casualty Guaranty Association. Notice
of cancellation for nonpayment of the purchase price of this Plan will be in writing given at least ten (10) days
prior cancellation. Notice of cancellation for any other reason will be in writing and given at least thirty (30)
days prior to cancellation.
Wisconsin: THIS SERVICE PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. This
Plan will only be cancelled mid-term for material misrepresentation, substantial change in the risk assumed, or
a substantial breach of Contractual duties, conditions, or warranties. You may, within fifteen (15) calendar days
of the delivery of this Plan, reject and return this Plan for a full refund less actual costs or changes needed
to issue and service this Plan. If You cancel this Plan any time during the coverage period, claims will not be
considered when calculating any refund due.
|