ECCOTEMP PROTECTION PLAN TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: It describes the protection you will receive in return for payment by you. Please keep this document in a safe place along with the sales receipt you received when you purchased your product, as you may need them to verify your coverage at the time of service. You must maintain the product as recommended by our manufacturer's owner’s manual or product warranty. Refer to your sales invoice or receipt to determine the term of this plan.
- “You” and “Your” refer to the purchaser of the product(s) covered by this plan or to the person to whom this plan was properly transferred;
- “Seller” refers to the selling retailer;
- “Product” means the item(s) which you purchased with and which is covered by this plan;
- “Failure” means the failure of your product to perform its intended function due to mechanical or electrical breakdown resulting from defects in materials or workmanship during normal usage of your product.
PRODUCT ELIGIBILITY: This plan covers products purchased as new and manufactured for use in the United States, which at the time of purchase included a manufacturer’s original warranty valid in the United States and providing minimum coverage of ninety (90) days parts and labor. Accessories and/or add-on options purchased separately and not essential to the basic function of the product are not eligible for coverage. Eligible products must be enrolled within sixty (60) days of purchase.
WHAT IS COVERED: We agree to repair or replace your product in the event your product is rendered inoperable due to a mechanical or electrical failure during the term of this plan, if the product is not covered under any insurance, warranty, guarantee and/or plan. Parts used to repair or replace your product may be new, used, refurbished, or non-original manufacturer parts that perform to the factory specifications of your product. This plan does not cover repair or replacement of the product for any of the causes, or provide coverage for any losses set forth in the section entitled “WHAT IS NOT COVERED” below.
1. Repair Plan: In the event of a covered claim, Eccotemp will furnish labor and/or parts required to repair the failure of your product. Non-original manufacturer’s parts of like kind and quality may be used if the original manufacturer’s parts are unavailable. In lieu of repairing the product, we reserve the right, at our sole discretion, to replace your product with a product of equal or similar features and functionality, not necessarily the same brand.
2. Accidental Damage from Handling Coverage (ADH Coverage): ADH Coverage augments your plan by providing protection against sudden and unforeseen accidental damage to your product, provided such damage was in the course of regular use of the product by you, subject to the exclusions below. ADH Coverage does not provide protection against wear and tear, theft, mysterious disappearance, misplacement, 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 unit functionality, or damage caused during shipment between you and our service providers. If protective items such as covers, carrying cases or pouches, etc. were provided or made available for use with your product, it is expected that you will continually use these accessories for protection against damage to your product. “Abuse” is defined as your intentional non-utilization of protective items during the use of your product, or your treatment of the product(s) in a harmful, injurious or offensive manner that may result in its damage. Any resultant damage from this type of treatment is NOT covered by ADH Coverage.
Technological advances may result in a replacement product with a lower selling price than your original product. No refunds will be made based on the replacement product cost difference. If your product is not repairable and a replacement product is not available, Eccotemp will reimburse you up to the original purchase price of your product, excluding taxes and less claims paid, if any, and this plan will be fulfilled and all obligations satisfied. In no event shall Eccotemp be liable for any damages as a result of the unavailability of repair parts. You may be required to ship or deliver the defective product prior to receiving reimbursement or a replacement product. Any and all parts or units replaced under this plan become the property of Eccotemp in their entirety.
3. Acts of God Coverage (AGC): Acts of God Coverage supplements the basic coverage included in your plan by providing protection against unusual, extraordinary, sudden and unexpected manifestations of the forces of nature. An act of God is defined as a natural event independent of human force that cannot be controlled or predicted and results in loss or damage. Damage to your product caused by an act of God is damage due directly and exclusively to natural causes which could not have been prevented by the exercise of reasonable care and foresight. Acts of God Coverage includes but is not limited to earthquakes, hurricanes, tsunamis, and volcanic eruptions. If your product is damaged by an act of God, Eccotemp reserves the right to ask for corroborating evidence before repair or replacement. Acts of God Coverage covers repair and/or replacement of your product if the conditions of an act of God are met. Acts of God Coverage does not provide protections against wear and tear, theft, mysterious disappearance, misplacement, reckless or willful mishandling or use of the product, cosmetic or other damage that does not affect product functionality, or damage caused during shipment.
ADDITIONAL BENEFITS TO YOUR PLAN:
POWER SURGE PROTECTION: This plan also covers the failure of your product resulting from a power surge caused by power outage while your product is properly connected to a surge protector approved by Underwriters Laboratories Inc.
POWER SURGE DOES NOT COVER DAMAGES CAUSED BY IMPROPER INSTALLATION OR CONNECTION TO AN INCORRECT POWER SOURCE. Coverage begins on date of purchase.
NO LEMON GUARANTEE: If we have completed three (3) service repairs for the same problem on an individual component of your product, which first began after the manufacturer’s warranty period had expired (“Qualifying Service Repairs”), and if that product component requires a fourth (4th) repair for the identical problem as determined by Eccotemp, we reserve the right to replace your product with one of equal or similar features and functionality, not necessarily same brand, not to exceed the original purchase price of your product, excluding shipping, handling, and taxes. Once a product is replaced, this plan is considered fulfilled and we shall have no further obligation to provide service under this plan. Preventative maintenance checks, cleaning, product diagnosis, customer education, accessory repairs/replacements, computer software related problems, and any unauthorized repairs done outside of the United States are not considered repairs for the purposes of this NO LEMON GUARANTEE: Repair services performed while your product is under the manufacturer’s warranty period are not considered Qualifying Service Repairs.
PLACE OF SERVICE: If your Plan includes depot service, you will be responsible for shipping the product to the designated depot center. We will pay for shipping of the product from and to your residence. If Your product qualifies for Carry-In Service, you are responsible for transporting your product to and from the designated service center. If our diagnosis indicates that the failure is not covered by this plan, you may be responsible for all service fees incurred for such diagnosis.
LIMIT OF LIABILITY: The total amount that we will pay for repairs or replacement made in connection with all claims that you make pursuant to this plan shall not exceed the original purchase price of your product, less taxes. In the event we make payments for repairs, which in the aggregate, are equal to the original purchase price of your product or we replace your product, we will have no further obligations under this plan. IN NO EVENT SHALL THE TOTAL OF ALL CLAIMS OR REPLACEMENT EXCEED THE ORIGINAL PRICE PAID BY YOU FOR THE COVERED PRODUCT, LESS TAXES.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT, FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS PLAN, INCLUDING INHERENT PRODUCT FLAWS.
Date of Purchase (DOP) Plans: This plan begins on the date of product purchase and is based upon the term of coverage; product description and retail price limitations shown on your sales receipt and continues for the period of time defined on your sales receipt. this plan is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty but provides certain benefits during the term of the manufacturer’s warranty. During the manufacturer’s warranty period, any parts, labor or on-site service or shipping costs covered by that warranty are the sole responsibility of the manufacturer. Upon expiration of the shortest portion of the manufacturer’s original or factory-refurbished parts and/or labor warranty, this plan continues to provide many of the manufacturer’s benefits as well as certain additional benefits listed within this plan, and will furnish replacement parts and/or labor necessary to restore your covered product to standard manufacturer’s operating condition.
Accidental Damage from Handling (ADH) Coverage: ADH Coverage begins on the date of product purchase and continues for the period defined on your sales receipt. Coverage for the mechanical or electrical failure of your product is subject to the PLAN TERMS described above.
IF YOUR PRODUCT NEEDS REPAIR: If you need to file a claim under this plan, you must contact the administrator. Please email email@example.com or visit www.eccotemp.com. For fastest service, please have your proof of product purchase (sales receipt) available when you contact the administrator. THIS PLAN MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When you receive authorization for repairs, the service representative will advise you of the designated service center. A copy of the proof of product purchase (sales receipt), and a brief written description of the problem must accompany your product. We will not be liable for freight charges or damage due to improper packaging. Do not return your product to your retailer unless so instructed by the administrator. If your plan expires during the time of an approved repair or replacement, this plan is extended until the repair or replacement has been completed.
WHAT IS NOT COVERED: THIS PLAN DOES NOT COVER ANY LOSS, REPAIRS OR DAMAGE CAUSED BY OR RESULTING FROM:
(A) PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (PRE-EXISTING MEANS A CONDITION THAT WITHIN ALL REASONABLE MECHANICAL OR ELECTRICAL PROBABILITY RELATES TO THE MECHANICAL FITNESS OF YOUR COVERED MERCHANDISE PRIOR TO CONTRACT ISSUANCE);
(B) IMPROPER PACKAGING AND/OR TRANSPORTATION DAMAGE DURING SHIPMENT TO A SERVICE CENTER OR RELOCATION OF THE COVERED EQUIPMENT;
(C) INSTALLATION, REMOVAL, REINSTALLATION OR IMPROPER INSTALLATION OF COMPONENTS, UPGRADES, ATTACHMENTS OR PERIPHERALS;
(D) PRODUCTS AND/OR COMPONENTS THAT ARE USED IN APPLICATIONS THAT REQUIRE CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION, OR ARE USED FOR COMMERCIAL, INDUSTRIAL OR PUBLIC USE PURPOSES OR OFFERED ON A RENTAL BASIS, OR COIN - OPERATED PRODUCTS;
(E) DAMAGE OR FAILURE CAUSED BY RIOT, NUCLEAR RADIATION, WAR OR HOSTILE ACTION, RADIOACTIVE CONTAMINATION, ETC.;
(F) DAMAGE FROM FREEZING OR OVERHEATING;
(G) NEGLECT, NEGLIGENCE, MISUSE, ABUSE, INTENTIONAL PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE, PHYSICAL DAMAGE OR MALICIOUS MISCHIEF, THEFT OR MYSTERIOUS DISAPPEARANCE, VANDALISM, RUST, CORROSION, WARPING, BENDING, ANIMAL OR INSECT INFESTATION, ETC. TO THE COVERED PRODUCT OR ANY COMPONENT; (H) DAMAGE OR OTHER EQUIPMENT FAILURE DUE TO CAUSES BEYOND YOUR CONTROL SUCH AS ENVIRONMENTAL CONDITIONS, EXPOSURE TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.;
(I) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS;
(K) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, UNLESS COVERED UNDER A PLAN WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES;
(L) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT;
(M) IMPROPER OR INADEQUATE STORAGE; (N) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART;
(O) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS;
(P) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS;
(Q) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER;
(R) ALTERATION OR MANIPULATION, OF ANY INTERNAL COMPONENT OR COVERED PRODUCT MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIR, UNAUTHORIZED MODIFICATION OR ADJUSTMENT,
(T) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS;
(U) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”;
(V) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS;
(W) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS;
(X) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.;
(Y) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS;
(Z) CLEANINGS OR ANY REPAIR COVERED OR SHOULD BE COVERED BY A MANUFACTURER WARRANTY, PLAN OR OTHER INSURANCE;
(AB) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS;
(AC) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE;
(AD) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS;
(AF) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES;
(AG) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY
(AJ) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA;
(AK) SERVICE EVENTS NOT REPORTED DURING THE TERM OF THIS PLAN.
(AL) EXCLUSIONS SPECIFIC TO CERTAIN PRODUCTS:
In addition to any applicable exclusions listed above, we do not cover damage caused by or due to
(a) overheating caused by accumulation of dust, vermin or fan blockage; misuse and abuse.
OUR RIGHT TO RECOVER PAYMENT: If you have a right to recover against another party for anything we have paid under this plan, your rights shall become our rights. You shall do whatever is necessary to enable us to enforce these rights. We shall recover only the excess after you are fully compensated for your loss.
CANCELLATION: You may cancel this plan by informing the selling dealer/retailer of your cancellation request within thirty (30) days of the purchase of the plan and you will receive a one-hundred percent (100%) refund of the full purchase price of your plan. If your cancellation request is made more than thirty (30) days from the date of purchase, you will receive a pro-rata refund of the plan purchase price, minus the cost of repairs made (if any), and minus an administrative fee not to exceed ten percent (10%) of the plan purchase price or twenty-five dollars ($25.00), whichever is less, unless otherwise provided by state law. The cancellation provisions in this plan only apply to the original purchaser of this plan. If we cancel this plan, we must provide you with a written notice at least fifteen (15) days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. If we cancel this plan, you will receive a refund based upon one-hundred percent (100%) of the unearned pro rata purchase price of this plan.
TRANSFERABILITY: This plan is transferable by the original purchaser for the balance of the original extended protection period. If you transfer ownership of your product, this plan may be transferred by sending to the administrator within 10 days of the transfer, at the address above, a copy of this plan and your sales receipt, along with the name, address, and phone number of the new owner, the date of new ownership, and a $10.00 transfer fee. The manufacturer’s warranty may not be transferrable. This plan does not replace the manufacturer’s warranty and provides no coverage therein, except as noted above.
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.bearhfti.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
GUARANTEE: This is not an insurance policy. Should we fail to pay any valid claim or fail to replace the product covered under this plan within sixty (60) days after the product has been returned or, in the event you cancel this plan, and we fail to refund the unearned portion of the plan price, you are entitled to make a direct claim against Eccotemp Systems, LLC.
ENTIRE AGREEMENT: This plan, including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt for your product, constitutes the entire agreement and no representation, promise or condition not contained herein shall modify these items, except as required by law.
STATE DISCLOSURES Regulation of plans may vary widely from state to state. Any provision within this plan which conflicts with the laws of the state where you live shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if your plan was purchased in one of the following states and supersede any other provision within your plan terms and conditions to the contrary.
Alabama Residents: You may cancel this plan within twenty (20) days of the receipt of this plan. If no claim has been made under the plan, the plan is void and we shall refund to you the full purchase price of the plan including any premium paid for the applicable insurance policy. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any, shall be refunded to you. A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after you cancel the plan. If you cancel this plan after twenty (20) days of receipt of this plan, we shall refund to you the unearned portion of the full purchase price of the plan including the unearned portion of any premium paid for any applicable insurance policy. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any shall be refunded to you.
Arizona Residents: If your written notice of cancellation is received prior to the expiration date, the Administrator shall refund the remaining pro-rata price, regardless of prior services rendered under the plan. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the Obligor, its assignees, subcontractors and/or representatives.
California Residents: For all products other than home appliances and home electronic products, the cancellation provision is amended as follows: If the plan is canceled: (a) within sixty (60) days of the receipt of this plan, you shall receive a full refund of the price paid for the plan provided no service has been performed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received. For home appliances and home electronic products, the cancellation provision is amended as follows: If the plan is canceled: (a) within thirty (30) days of the receipt of this plan, you shall receive a full refund of the price paid for the plan provided no service has been performed, or (b) after thirty (30) days, you will receive a pro rata refund, less the cost of any service received
Connecticut Residents: The expiration date of this plan shall automatically be extended by the duration that the product is in our custody while being repaired. In the event of a dispute with the Administrator, you may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of the plan.
Florida Residents: The plan shall be canceled by us for fraud or material misrepresentation, including but not limited to rental use. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the plan by us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This plan can be canceled by you at any time for any reason by emailing, mailing or delivering to us notice of cancellation. If the plan is canceled: (a) within thirty (30) days of the receipt of the plan, you shall receive a full refund of the price paid for the plan provided no service has been performed, or (b) after thirty (30) days, you will receive a refund based on 100% of unearned pro rata premium less any claims that have been paid or less the cost of repairs made by us. If we cancel the plan, the return premium is based upon 100% of the unearned pro rata premium.
Georgia Residents: This plan shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the plan and we shall refund the excess of the consideration paid for the plan above the customary short rate for the expired term of the plan. This plan excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you. The bolded sentence under “IF YOUR PRODUCT NEEDS REPAIR” is deleted and replaced by the following. THIS PLAN WILL PROVIDE NO COVERAGE IFYOU MAKE UNAUTHORIZED REPAIRS. The last paragraph under “WHAT IS NOT COVERED”, above “OUR RIGHT TO RECOVER PAYMENT” is deleted and replaced by the following.
SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS PLAN, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE PLAN.
Illinois Residents: You may cancel this plan for any reason at any time. If you cancel within thirty (30) days of contract purchase, and we have not paid a claim, you will receive a full refund, less a cancellation fee of $50.00 or 10% of the plan price. If you cancel after thirty (30) days or any time after we pay a claim, you will receive a pro-rata refund of the plan price based on the days remaining, less any claims that have been paid, less a cancellation fee of $50.00 or 10% of the plan price.
Maine Residents: You may cancel this plan within twenty (20) days of the receipt of this plan if sent by mail or within ten (10) days if delivered at the point of sale. If no claim has been made under the Plan, the plan is void and we shall refund to you the full purchase price of the plan including any premium paid for the applicable insurance policy. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any, shall be refunded to you. A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after you cancel the plan. If you cancel this plan after twenty (20) days of receipt of this plan if sent by mail or within ten (10) days if delivered at the point of sale, we shall refund to you the unearned pro rata premium, less any claims paid. An administrative fee not to exceed ten (10) percent of the premium fee by you may be charged by us. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any shall be refunded to you. In the event of cancellation by us, written notice to you will be provided at least 15 days prior to the cancellation and will contain the effective date of the cancellation and the reason for cancellation. If a plan is canceled by us, you will be refunded 100% of the unearned pro rata provider fee, less any claims paid. An administrative fee not to exceed 10% of the provider fee paid by you may be charged by us.
Nevada Residents: You are entitled to a "Free Look" period for this plan. If you decide to cancel this plan within thirty (30) days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. If you cancel this plan 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 plan fee, whichever is less. 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 this plan is canceled by Us, no cancellation may become effective until at least 15 days after the notice of cancellation is mailed to you. We can cancel this plan due to 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 plan, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the plan was issued or last renewed. If we cancel this plan, no cancellation fee will be imposed and no deduction for claims paid will be applied. If your covered failure results in a loss of heating, cooling, or electrical power to your air conditioner or refrigerator/freezer, repairs on your covered product will commence within 24 hours after you report your claim. If these repairs cannot be completed within three (3) calendar days, we will send you a report indicating the status of these repairs.
New Mexico Residents: If this plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the plan 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 plan; (3) you engage in fraud or material misrepresentation in obtaining this plan; (4) you commit any act, omission, or violation of any terms of this plan after the effective date of this plan which substantially and materially increase the service required under this plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this plan.
North Carolina Residents: The purchase of this plan is not required either to purchase or to obtain financing for a home appliance.
Oklahoma Residents: The "Cancellation" section is deleted and replaced by the following: you may cancel this contract at any time by surrendering it or providing written notice to the retailer at the address where you purchased this plan. You may also cancel this plan by surrendering it or providing written notice to Eccotemp at the address listed above. You may cancel this plan for any reason. In the event you cancel this plan within 30 days of receipt of the plan, you shall receive a full refund of any payments made by you under this plan. In the event you cancel this plan after 30 days of receipt of this Contract, you shall receive a refund based upon 100% of the unearned pro-rata premium less an administrative fee not to exceed 10% of the unearned pro-rata premium or $25, whichever is less, and less the cost of claims paid. Eccotemp may not cancel this plan except for fraud, material misrepresentation or non-payment by you; or if required to do so by any regulatory authorization. If Eccotemp cancels this plan, you shall receive a refund of 100% of the unearned pro-rata premium. Eccotemp may not cancel this plan without providing you with written notice at least thirty days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. The following sentence is added to this contract: Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this plan.
South Carolina Residents: To prevent any further damage, please refer to the owner's manual. In the event the service plan provider does not provide covered service within sixty (60) days of proof of loss by the plan holder, the plan holder is entitled to apply directly to the Insurance Company. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty- five (45) days after return of the plan to us. If the Insurance Company does not resolve such matters within sixty (60) days of proof of loss, they may contact the SC Department of Insurance, P.O. Box lOOlO5, Columbia, SC 29202-3105, (800) 768-3467.
Texas Residents: If you purchased this plan in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the plan is returned to the provider.
Utah Residents: NOTICE. This plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this plan is not guaranteed by the Utah Property and Casualty Guarantee Association. This plan may be canceled due to unauthorized Repair, which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this contract due to fraud or material misrepresentation, you will be notified thirty (30) days prior to cancellation. If we cancel this plan due to nonpayment, you will be notified ten (10) days prior to plan cancellation.
WASHINGTON RESIDENTS: You may return this plan within 20 days of the date this plan was mailed to you or within 10 days if the plan was delivered to you at the time of sale. If you made no claim, the plan 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 30 days of your return of the plan. These provisions apply only to the original purchaser of the plan. In the event we cancel this plan, we will mail a written notice to you at your last known address at least 21 days prior to cancellation with the effective date for the cancellation and the reason for cancellation. What is Not Covered from coverage are limited to those expressly stated under the “WHAT IS NOT COVERED” section above. You may file a claim directly with Dealers Alliance Corporation, 3518 Riverside Drive, Upper Arlington, OH 43221 or 800-282-8913.
Wisconsin Residents: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This plan shall not be canceled due to unauthorized repair of the covered equipment, unless we are prejudiced by your failure to obtain such authorization. If this plan is canceled, no deduction shall be made from the refund for the cost of any service received. Section R of the "What is not Covered" section of this plan does not apply.
Wyoming Residents: This plan will be considered void and we will refund you the full purchase price of the plan or credit your account if you have not made a claim under this plan and you have returned the plan to us a) within 20 days after the date we have mailed the plan to you, b) within 10 days after you have received the plan if the plan was furnished to you at the time the plan was purchased, or c) within a longer time period if specified in the plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the plan to us. The right to void the plan provided in this subsection applies only to the original plan purchaser and is not transferable. If we cancel this plan for reasons other than nonpayment, a material misrepresentation made by you to us or because of a substantial breach of duties by you relating to the product or its use, we will mail a written notice to you at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation. In the event covered service is not provided by us within sixty (60) days of proof of loss by you, you are entitled to apply directly to the reimbursement insurance company. The Arbitration Agreement provision in this plan is replaced with the following: "If there are disputes between you and us that are not resolved by negotiations, you and We may in a separate written agreement voluntarily consent to arbitration. Any arbitration proceedings shall be conducted within the state of Wyoming." For the purpose of this arbitration agreement, references to "we", "us" and "our" include the plan obligor and administrator, as defined above, and their respective parents, subsidiaries, affiliates, service contract insurers, agents, employees, successors and assigns.