The term "Covered Product" refers to the product(s) that this Agreement was purchased to cover. The term "Protection Plan" refers to the Master Protection Agreement ("MPA") and/or the Repair Protection Agreement ("RPA"). The terms "you" and "your" refer to the purchaser of this Agreement. The terms "we", "us" and "our" refer to the Obligor. See Section 18 below for Obligor.
The following sections apply to all Protection Plans under this Agreement. Please read it carefully to understand your rights and our obligations under this contract. Please refer to the state specific section at the end of this contract as the laws of your state may provide you with additional rights. Certain limitations apply. See Section 13 for coverage exclusions.
1.LENGTH OF COVERAGE.Coverage begins on: (1) the date this Agreement was purchased for the Covered Product(s); or (2) the date you took possession of the Covered Product. This Agreement expires on the date set forth in your sales receipt, Agreement certificate or as otherwise stated within this Agreement ("Term").
2.COVERAGE FOR REPAIRS.We will directly pay on your behalf the cost of parts and services that are needed to maintain the proper operating condition of your Covered Product including repairs necessary due to normal wear and tear. Repair services willbe performed by a qualified repair technician ("Sears Repair")designated by us.
3.COVERAGE FOR REPLACEMENT.We have the sole right to determine whether a Covered Product will be repaired or replaced. If we determine that a Covered Product is not repairable dueto unavailability of functional parts or technical information (a"Non-Repairable Covered Product") we will replace the Non-Repairable Covered Product with a comparable product. We will determine and authorize the replacement amount, but you will ultimately selectyour product replacement from a Sears or Sears Rewards Partners store. You will haveup to ninety (90) days from the date of authorization to begin the selection process. The Non-Repairable Covered Product must be returned in order toreceive your replacement product. Any coverage remaining underthe term of this Agreement will be transferred to the new replacementproduct. Replacement products may be new or rebuilt to meet the manufacturer's specifications of the original product. If you choose not tohave your Covered Product replaced under this Agreement, then you may cancelthis Agreement and we will refund the total price you paid for your currentcoverage. There may be additional replacement benefits and limitations depending on your type of Protection Plan. Please refer to the section of this Agreement that is applicable to your type of Plan. We will not beresponsible for reconfiguring space to accommodate replacement product(s) when a product of identical dimensions is not available.
TECHNOLOGICAL ADVANCES AND REPLACEMENT PRODUCT AVAILABILITY MAY RESULT IN AREPLACEMENT PRODUCT WITH A LOWER SELLING PRICE THAN THE ORIGINAL PRODUCT (THENON-REPAIRABLE COVERED PRODUCT). IN ALL CASES, PRODUCT COMPARABILITY FOR AREPLACMENT PRODUCT WILL BE DETERMINED BY US AT OUR SOLE DISCRETION.
4.DISCOUNTON NON-COVERED REPAIRS.On the Covered Product(s), you are entitled to a 25% discount offthe price paid on any service performed and related parts provided by Sears Repair that is not covered by this Agreement.
5.DISCOUNTON NON-COVERED PARTS.On the Covered Product(s), you are entitled to a 25% discount offthe purchase of non-covered consumable parts like filters andblades ordered from Sears Parts Direct at 1-800-252-1698. Discount applies to phone orders only.
6.REIMBURSEMENTON NON-COVERED PARTS.On the Covered Product(s) you will be reimbursed 25% of thepurchase price of non-covered parts purchased at any Sears or Sears Rewards Partners store or online. Reimbursement will be fulfilled with either a check or with a Sears Gift Card at our discretion. To obtain your reimbursementgo online to www.searsprotectiondiscount.com or call1-800-927-7836. Please save all eligible sales receipts to insure approval andfulfillment of your reimbursement.
7.FOODLOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS. Within any continuoustwelve (12) month period during the Term of this Agreement we will reimburseyou for any food spoilage that is the result of a mechanical failure of the Covered Product(s). The mechanical failure must be verified byus. Dollar amount of reimbursement varies depending on your type ofProtection Plan, Please refer to the section of this Agreement that isapplicable to your type of plan.
8.BUSINESSOR COMMERCIAL USE. Aproduct is "used for business or commercial purposes" if it is usedfor any purpose other than single family household purposes. All products usedfor business or commercial purposes must have been purchased from a Sears or Sears Rewards Partners store. Central heating and cooling products must also havebeen installed by a Sears authorized installer with no modifications to theoriginal installation. The following products are not covered forcommercial use: any floor care, fitness, sewing, coin operative laundry,computer equipment, power tool product, lawn and garden products or gas grillproducts
9.TIMEAND PLACE OF SERVICE.Service will be performed during Sears Repair's normal business hours. If, dueto the loss of the use of your Covered Product, your health or safety isendangered or if damage to or loss of your property is threatened, we will makecommercially reasonable efforts to expedite service. On some products, telephonesupport by a technician will be available and you may be asked tocheck some basic operational functions and be given possible solutions in orderto get your Covered Product back to working condition. For select types ofmerchandise, we may transfer the Covered Product from your home to aspecialized facility in order to complete the repair, at our expense if theCovered Product is covered by an in-home agreement.
· Toschedule in-home service, call 1-800-4-MY-HOME® at any time
· Forservice on digital cameras, computers and other home office equipment, call 1-800-877-8701.
· Ifyour sales receipt, Agreement certificate or this Agreement indicates ShopService, you must bring the Covered Product(s) to a Sears Repair location andpick it up following completion of service. In some cases, you will be providedpackaging and you must ship the Covered Product to our service location, at ourexpense, for repair.
10. SAFETYAND ACCESSIBILITY.In the event that Sears Repair determines that it cannot service your CoveredProduct(s) due to poor accessibility or unsafe working conditions or that itcannot restore your Covered Product(s) to safe working conditions due toreasons beyond the scope of this Agreement, such as, but not limited to, code violations,improper storage, improper installation that was not performed or authorized bySears, use or movement of the product or equipment, including the failure tofollow the owner's manual instructions including the failure to place theproduct or equipment in an area that complies with the manufacturer's publishedspace or environmental requirements, Sears Repair will not be required toproceed until you remedy the applicable cause. In order for us to provide thequality service you expect, you should cooperate fully with the servicetechnician while in your home; provide a safe, non-threatening environment andclear access to the Covered Product. Failure to comply with these conditionsmay be cause for cancellation of this Agreement.
11. EFFECT(S)OF MANUFACTURER'S WARRANTY ON COVERAGE.
Covered Products in need of parts and service or recall work that are stillcovered under the manufacturer's warranty period, will be serviced by SearsRepair in accordance with the manufacturer's guidelines. Products includingthose within the original manufacturer's warranty period may be repaired orreplaced with a comparable product. Product replacements during themanufacturer's warranty period will be performed in accordance with theCoverage for Replacement section described above.
This Agreement is inclusiveof and runs concurrently with the manufacturer's warranty, it does not replaceit. This Agreement provides benefits in addition to the manufacturer'swarranty.
12. ELIGIBILITYFOR COVERAGE.If you did not purchase this Agreement at the same time as the purchase of theCovered Product, this section applies to you. Prior to the sale of thisAgreement, we reserve the right to obtain product information from you in orderto determine eligibility for coverage. To be eligible for coverage, the productmust be in proper operating condition at the start of coverage and theinformation regarding the original purchase date of the covered product iscorrect. Inaccurate information regarding purchase date may result in theproduct being ineligible for coverage. We reserve the right to inspect theCovered Product(s) to determine eligibility for coverage.
13. LIMITATIONSOF COVERAGE THATAPPLIES TO ALL PLANS. THIS AGREEMENT DOES NOT COVER.
0.Anyproduct located outside the United States, Puerto Rico and Guam.
2.Repair of any CoveredProduct(s) which is damaged or malfunctioning due to causes beyond our controlincluding, but not limited to, repairs necessitated by operator or ownernegligence such as the failure to maintain the product according to the owner'smanual instructions, improper installation, CRT-based or Plasma televisionburn-in, accidental damage, abuse, misuse, vandalism, theft, mold, mildew, rustor corrosion, animal or insect infestation, damage caused by lightning andother acts of nature such as hurricanes, tornadoes, floods, etc.
3.Replacement of Covered Productwill not be authorized for product mismatch; product upgrades; components oraccessories such as but not limited to thermostats, pedestals, TV stands and 3Dglasses or for any of the reasons listed under subsection c. above.
4.Service required as a resultof any alteration of the product or equipment or repairs made during theAgreement Term which are not authorized by us, or are made by parties notspecifically authorized by us, such as, but not limited to, product(s) that arein a disassembled state.
5.Expendable items, including, butnot limited to: any filters, bulbs, vacuum cleaner bags, ink and printercartridges, fluids (gasoline, oil, etc.), sewing machine needles, saw blades,batteries, and other operating supplies and consumable items. (See Section 5for information regarding the purchase of non-covered parts). Exceptions: Tractorbatteries and rechargeable batteries for camcorders, digital cameras and lawnmowers, micro display lamps and refrigerator LED bulbs are covered
6.Thefollowing products, parts and services: installation (other thanre-installation required to complete a covered repair or covered replacement),antenna systems, pulling and re-installing of deep well, jet or submersible wellpumps.
7.Telephone,water, gas, electrical or other lines, drains, or ductwork connecting to theproduct or equipment. Upgrades to your Covered Product(s), permits or anyadditional expense incurred in order to comply with local, state or federalbuilding codes and other laws and regulations are your responsibility.
8.ThisAgreement also does not cover any nonfunctional repairs, parts or cosmeticdefects of product(s) purchased as "Reconditioned" or"Used" or purchased at Sears Outlet stores.
9.Coverageapplies only to products which are located at one (1) address within a singledwelling unit.
The following additionalexclusions and limitations specifically apply to computer equipment:
· Anysoftware, including, but not limited to, application programs, databases,files, source codes, object codes or proprietary data, or any support,configuration, installation or reinstallation of any software or data. You areresponsible for backing up copies of all your data and software on a regularbasis.
· Servicerequired as a result of non-compatible software or due to improper software useor software virus.
· Hardwareupgrade(s) not purchased at Sears. Hardware upgrades include memory, hard diskdrive, and multimedia products. Hardware upgrades purchased at Sears and installedinto products and equipment are covered under this Agreement. This Agreementdoes not cover installation of hardware upgrades.
There may be additional limitations under your specific type of ProtectionPlan below.
14. CANCELLATIONAND REFUNDS . Youmay cancel this Agreement at any time for any reason by calling1-800-4-MY-HOME® or by mailing written notice of cancellation to: CancellationServices, P.O. Box 2570, High Point, NC, 27263. We may cancel this Agreement ifyou fail to pay, make a material misrepresentation, substantially breach yourduties under this Agreement, or if Sears Repair or its representativesdetermines that it cannot service or repair your Covered Product(s) due to thecauses listed in Section 10 of this Agreement. We may also cancel thisAgreement if the Covered Product(s) does not have a legible model or serialnumber.
If this Agreement iscancelled by you or us:
· Duringany time within the full manufacturers warranty period (parts & labor) youwill receive a 100% refund of the total price paid for this Agreement.
· Duringthe first sixty (60) days of the term you will receive a 100% refund of thetotal price paid for this Agreement.
· Afterthe first sixty (60) days of the term or after the expiration of the fullmanufacturer's warranty for the Covered Product (whichever occurs last),excluding warranties covering component parts of the Covered Product, we willrefund the total price allocable to the remainder of the Term of this Agreementprorated on a monthly basis.
Any refund will be made inthe same form as the original payment of this Agreement. No refund will begranted if this Agreement is cancelled after the Covered Product has beenreplaced. UNDER NO CIRCUMSTANCES WHATSOEVER WILL YOUR REFUND EXCEED THEVALUE OF THE TOTAL PRICE YOU PAID FOR THIS AGREEMENT.
15. LIMITATIONOF LIABILITY.EXCEPT AS STATED IN SECTION 7, EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW, WEAND OUR AGENTS, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL ORCONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSTTIME, LOSS OF USE OF COVERED PRODUCT(S) OR ANY OTHER DAMAGES RESULTING FROM THEBREAKDOWN OR FAILURE OF COVERED PRODUCT(S), DELAYS IN SERVICING, AVAILABILITYOF PRODUCTS INCLUDING PARTS OR THE INABILITY TO SERVICE ANY COVERED PRODUCT(S). UNDERNO CIRCUMSTANCES WHATSOEVER WILL THE OBLIGATIONS OF OBLIGOR UNDER THISAGREEMENT TO YOU FOR MONETARY RECOVERY EXCEED THE TOTAL PRICE PAID FOR THECOVERED PRODUCT(S) UNDER THIS AGREEMENT.
16. TRANSFERABILITY. This Agreement istransferable to any subsequent owner of the Covered Product(s) subjectto the terms and conditions of this Agreement.
17. RENEWAL. No party is obligated torenew this Agreement beyond the expiration date of the Term. The total pricepaid by you for this Agreement may change or increase upon renewal. Bypurchasing this Agreement, you agree that Sears may call you to notify you ofrenewal and upgrade plans. To renew coverage call 1-800-4-MY-HOME® anytime.
18. OBLIGOR. The Obligor under thisAgreement is Sears Protection Company ("SPC"), an Illinoiscorporation, a wholly owned subsidiary of Sears, Roebuck and Co. in all statesexcept Florida. The Obligor in the state of Florida is Sears Protection Company(Florida), L.L.C. a Florida corporation and wholly owned subsidiary of SPC eachlocated at 3333 Beverly Road, Hoffman Estates, IL 60179. For HVAC equipmentlocated in California and purchased from Sears Home Improvement Products, Inc.("SHIP"), SHIP will be the Obligor. SHIP is located at 1024 FloridaCentral Parkway, Longwood, FL 32750.
ALABAMA CUSTOMERS. A 10% penalty permonth will be added to any refund that we fail to make within forty-five (45)days of your cancellation of this Agreement and request for a refund. ThisAgreement will not charge a deductible for services rendered.
ARKANSAS CUSTOMERS. In the event ofcancellation of this Agreement by us in accordance with the "Cancellationand Refunds" provision above, Arkansas residents will receive fifteen (15)days prior written notice of cancellation for reasons other than fornonpayment, material misrepresentation or substantial breach of duties. A 10%penalty per month will be added to any refund that we fail to make withinforty-five (45) days of your cancellation of this Agreement and request for arefund.
CALIFORNIA CUSTOMERS. A 10% penalty permonth will be added to any refund that we fail to make within thirty (30) daysof your cancellation of this Agreement and request for a refund.
FLORIDA CUSTOMERS. Rates are not subjectto regulation by the Office of Insurance Regulation.
GEORGIA CUSTOMERS. Notwithstanding theCANCELLATION AND REFUNDS section, we will only cancel this Agreement for fraud,material misrepresentation or nonpayment of amounts due under this Agreement.We will mail to you a written notice at least ten (10) days prior to the date ofcancellation for nonpayment, or at least thirty (30) days prior to the date ofcancellation for fraud or material misrepresentation. Obligor will not provideservices under this Agreement if poor accessibility or unsafe workingconditions exist, but these conditions are not grounds for cancellation.Nothing contained in any provision elsewhere in this Agreement will affect yourright to make a claim directly against Safeco Insurance Company of America ifwe fail to pay any valid claim within sixty (60) days. The claim should be sentto Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185 or(847) 490-2320.
INDIANA AND WEST VIRGINIA CUSTOMERS. This Agreement is notan insurance policy and is not regulated by the Departments of Insurance.
IOWA CUSTOMERS. Obligor is subject toregulation by the insurance division of the Iowa Department of Commerce.Complaints that are not settled by us may be sent to the insurance division.
KENTUCKY AND VIRGINIA CUSTOMERS. If we fail to pay anyvalid claim within sixty (60) days of proof of loss, you may make a claimdirectly against Safeco Insurance Company of America, Safeco Plaza, Seattle, WA98185.
MINNESOTA CUSTOMERS. In the event ofcancellation of this Agreement by us in accordance with the "Cancellationand Refunds" provision above, Minnesota residents will receive five (5)days prior written notice of cancellation if for reason of nonpayment, materialmisrepresentation or substantial breach of duties, or at least fifteen (15)days for all other reasons. A 10% penalty per month will be added to any refundthat we fail to make within forty-five (45) days of your cancellation of thisAgreement and request for a refund.
NEW HAMPSHIRE CUSTOMERS. In the event that youdo not receive satisfaction under this Agreement, you may contact the NewHampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH03301; telephone 1-800-852-3416; e-mail email@example.com.
NEW MEXICO CUSTOMERS. A 10% penalty permonth will be added to any refund that we fail to make within thirty (30) daysof your cancellation of this Agreement and request for a refund.
NEW YORK CUSTOMERS. A 10% penalty permonth will be added to any refund that we fail to make within thirty (30) daysof your cancellation of this Agreement and request for a refund.
NORTH CAROLINA CUSTOMERS. Upon cancellation areasonable administrative fee not to exceed 10% of the pro rata refund may becharged. Obligor must notify the consumer before the purchase of this Agreementthat its purchase is not necessary in order to purchase or obtain financing ofthe Covered Product.
SOUTH CAROLINA CUSTOMERS. Any questionsconcerning the regulation of us under this Agreement or any unresolvedcomplaints (within sixty (60) days of proof of loss) may be directed to theSouth Carolina Department of Insurance - P.O. Box 100105 Columbia, SouthCarolina 29202-3105 or (800) 758-3467. A 10% penalty per month will be added toany refund that we fail to make within forty-five (45) days after thecancellation of the Agreement to the provider.
TEXAS CUSTOMERS. Any questionsconcerning the regulation of us under this Agreement or any unresolvedcomplaints may be directed to the Texas Department of Licensing and Regulations- P.O. Box 12157 Austin, Texas 78711 or (512) 463-6599.
UTAH CUSTOMERS. Coverage under thisAgreement is not guaranteed by the Property and Casualty Guaranty Association.In the event of cancellation of this Agreement by Obligor in accordance withthe "Cancellation and Refunds" provisions above, Utah residents willreceive thirty (30) day prior written notice of cancellation. There is nodeductible applied for the performance of this Agreement.
WASHINGTON CUSTOMERS. In the event ofcancellation of this Agreement by us in accordance with the "Cancellationand Refunds" provision above, Washington residents will receive twenty-one(21) days prior written notice of cancellation for reasons other than fornonpayment, material misrepresentation or substantial breach of duties. A 10%penalty per month will be added to any refund that we fail to make withinforty-five (45) days of your cancellation of this Agreement and request for arefund.WYOMING CUSTOMERS.
We will mail a writtennotice to the service contract holder at least ten (10) days prior tocancellation by the provider. Prior notice is not required if the reason forcancellation is nonpayment of the provider fee, a material misrepresentation bythe service contract holder to the provider or a substantial breach of dutiesby the service contract holder relating to the covered product or its use. A10% penalty per month will be added to any refund that we fail to make withinthirty (30) days of your cancellation of this Agreement and request for arefund.