Labor Only Heat Pump Water Heater Plan
Plan Administrator: SAFEWARE 5700 Perimeter Dr. Ste. E. Dublin OH 43017 (800) 800-1492 www.safeware.com
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: This is a legal contract. By purchasing it, You understand that it is such a contract and acknowledge that You have had the opportunity to read the terms and conditions set forth herein. It describes the protection You will receive in return for payment by You. Please keep this document in a safe place along with the POP 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 the manufacturer's owner’s manual or product warranty. Refer to the POP to determine the term of this Plan.
IMPORTANT CONSUMER INFORMATION: If Your Product is exchanged by the manufacturer or Selling Retailer outside of this Plan, You must advise the Administrator in writing at 5700 Perimeter Dr. Ste. E. Dublin OH 43017, Attn: ESP Administration or call (800) 800-1492 with the date of exchange, make, model, and serial number of the replacement product within 10 days of the exchange. In the event of such exchange, the coverage period shall not exceed the original Plan expiration date.
NOTICE: (1) THE SELLING RETAILER MAY BE RETAINING A PORTION OF ITS SELLING PRICE. THE PURCHASE OF THIS PLAN IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING. (2) ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER AND FILES A STATEMENT OF CLAIM OR ANY APPLICATION CONTAINING FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE.
1. DEFINITIONS:
(1) “Administrator” and “SAFEWARE”, mean Safeware, The Insurance Agency Inc. (Texas license number 184), in all states except in Alabama, Arkansas, Georgia, Minnesota, Missouri, Montana, Nevada, New Mexico, Oregon, Utah, and Wyoming where it is Safeware Inc., except in Florida, Indiana, Kentucky, Maryland, New Jersey, New York, and Oklahoma where it is Safeware Group Inc., except in Arizona, New Hampshire, and Wisconsin where it SW_60070_09-2025 is Safeware, except in Vermont where it is Safeware Group. All are located at 5700 Perimeter Drive, Suite E, Dublin, OH 43017 (800) 800-1492.;
(2) “Deductible” means the amount You are required to pay for covered repairs and replacements; (3) “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;
(4) “Plan” means this service contract, the terms, conditions, limitations, exceptions and exclusions, including Your Product Proof of Purchase;
(5) “Proof of Purchase” and “POP” mean the Declaration Page, or sales invoice, or sales receipt, which shows the Plan You purchased.
(6) “Provider”, “Obligor”, “We”, “Us” and “Our” mean the company obligated under this Plan: National Product Care Company in all states except; in Texas where it is National Product Care Company dba Texas National Product Care Company, Inc.; in Washington where it is ServicePlan, Inc; and in Arizona, Florida and Oklahoma where it is Service Saver, Incorporated (Florida license number 80173, Oklahoma license number 44198049). All are located at 175 West Jackson Blvd., Chicago, Illinois 60604, (800) 209-6206.;
(7) “Selling Retailer” means the entity selling the Product and this Plan;
(8) “You” and “Your” refer to the purchaser of the Product(s) covered by this Plan.
(9) “Water Heater” and “Product” means the Heat Pump Water Heater that You purchased and is covered by this Plan.
2. COVERAGE SUMMARY This Plan provides labor coverage only for the repair or replacement of a covered Water Heater in the event of mechanical or electrical failure. Included Services: • Labor costs associated with the diagnosis, repair, or replacement of the Water Heater due to covered mechanical or electrical failures, where the parts are provided by the manufacturer.
Excluded from Coverage: • Cost of replacement parts or new units • Damage from misuse, abuse, or external causes • Cosmetic damage (e.g., dents, scratches) • Failures resulting from lack of maintenance or installation errors • Labor for maintenance, cleaning, descaling, or inspections • Any non-mechanical or non-electrical failure • Indirect or consequential damages (e.g., water damage, mold, etc.)
3. ELIGIBILITY and TERM • Coverage applies only to residential Water Heaters properly installed and maintained according to the manufacturer’s specifications. • The term of this Plan is as stated on Your POP, starting from the date of enrollment, unless otherwise stated. • Plan is non-transferable and valid only to You at the service address listed in the agreement.
4. SERVICE REQUEST AND RESPONSE HOW TO GET SERVICE: You must Contact the Administrator for the appropriate authorized service center. Go online to www.safeware.com, or call the toll-free number at (800) 800 1492 between the hours of 8:00 AM and 6:00 PM eastern time. All claims must be reported individually as independent claims. All claims must be reported within thirty (30) days of Failure to qualify for coverage. • All service must be authorized and arranged by the Provider. • To request service, Customer must contact Safeware during business hours or via emergency hotline (if available). • Unauthorized repairs or work not performed by an approved technician are not covered.
5. LIMITS OF LIABILITY • This Plan covers labor costs only, up to a maximum of $1,000 per replacement service event or $300 per repair service event. • Total annual labor coverage shall not exceed $1,000 per covered Water Heater. • Provider shall not be liable for delays in service or failure to provide service due to causes beyond its control.
6. EXCLUSIONS and LIMITATIONS This Plan does not cover: a. b. c. d. e. f. g. h. i. j. k. l. a.Labor for repairs where parts are not covered by the manufacturer’s warranty.
b.Water Heaters used in commercial or industrial settings
c.Units with pre-existing conditions or damage
d.Failures caused by natural disasters (fire, flood, lightning, etc.)
e.Structural modifications or upgrades required to complete a repair or installation
f.Any components not originally part of the Water Heater (e.g., circulation pumps, expansion tanks) g.Labor rates above and beyond the standard rates for repair or replacement.
h.Cosmetic or Preventative Maintenance, including but not limited to dents, dings, rust or noise. i.Cost of parts, diagnostics, or travel.
j.Claims caused by rust.
k. 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 THE SECTION “WHAT IS COVERED:”.
l.SHOULD THE MANUFACTURER OR SELLING RETAILER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS, OR THE MANUFACTURER NO LONGER PROVIDES PRODUCT SUPPORT OR PARTS, 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 RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE PLAN LESS CLAIMS PAID.
7. Cancellation You may cancel this Plan by informing the Selling Retailer of Your cancellation request within 30 days of the purchase of the Plan and You will receive a 100% refund of the full purchase price of Your Plan. If Your cancellation request is made more than 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 $25 or 10% of the Plan purchase price, whichever is less, unless otherwise provided by state law. The cancellation provisions in this Plan only apply to the original purchaser of this Plan. 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. We may not cancel this Plan except for fraud, material misrepresentation or non-payment of the Plan purchase price by You. If We cancel this Plan, We must provide You with a written notice at least 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 100% of the unearned pro-rata Plan purchase price. We may suspend available coverage if You owe for services provided by a Safeware servicer, for non-covered claims or No Problem Found claims. The amount You owe for services may be deducted from any refunds or payments to You.
8. GENERAL PROVISIONS Renewability: This Plan is renewable at Our discretion. If We renew this plan the term will begin and end as stated on the renewal declarations page.
Territories: The Plan territory is limited to the United States of America, including the District of Columbia, only. It does not include Canada or U.S. territories including Guam, Puerto Rico or U.S. Virgin Islands.
Subrogation: 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. Dispute Resolution – Arbitration: This Plan requires binding arbitration if there is an unresolved dispute between You and Us concerning this Plan (including the cost of, lack of or actual repair or replacement arising from a breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Plan by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Plan. To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within 1 year of the earlier of the date the breakdown occurred or the dispute arose or the applicable statute of limitations period, whichever is longer. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Plan. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Plan and all transactions contemplated by this Plan, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Plan.
Insurance: This is not a contract of insurance. The Obligations of the Provider under this Plan are insured by a reimbursement insurance policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd., Chicago, Illinois 60604, (800) 209-6206. If the Obligor fails to provide service or pay a claim within 60 days, after proof of loss has been provided, You may submit Your claim directly to the insurer at the above address. In Washington: Obligations of the Obligor under this Plan are backed by the full faith and credit of the Obligor.
Entire Plan: This Plan, including the terms, conditions, limitations, exceptions and exclusions, and the Proof of Purchase for Your Product, constitutes the entire Plan and no representation, promise or condition not contained herein shall modify these items, except as required by law.


STATE DISCLOSURES:
The Plan is amended and the language below governs if You purchased this Plan in a state listed below.
Alabama
Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: All references to the state of “Illinois” are replaced with “Alabama”. Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use. No claim incurred or paid will be deducted from any cancellation refund regardless of who initiates the cancellation.
Arizona
Section 6 Exclusions and Limitations is amended as follows: Exclusion (c.) does not apply to any and all defects that existed and were known by You prior to the effective date of this Plan, except if such conditions were known or should reasonably have been known by Us or Our subcontractors. Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: Notwithstanding the Arbitration provision, you have the right to file a complaint with the Arizona Department of Insurance and Financial Institutions (D.I.F.I.). You can file a complaint with the D.I.F.I. against a Service Company issuing an approved Plan by contacting the Consumer Protection Division of the D.I.F.I., at phone number 602-364-2499 or difi.az.gov. Section 7. Cancellations is amended as follows: We will not cancel or void this Plan due to acts or omissions of Us or Our subcontractors for failure to provide correct information or failure to perform the services or repairs provided in a timely, competent, workmanlike manner. We will not cancel this Plan due to misrepresentation either by Us or any person selling the Plan on Our behalf. We may cancel or void coverage due to material acts or omissions by You which may include fraudulent or unlawful acts arising out of or relating to this Plan or use of the covered Product in a manner other than as intended by the manufacturer that is likely to increase the likelihood that the covered Product will be damaged or require repairs
Arkansas
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full Plan Price including applicable sales tax. A 10% penalty per month shall be applied to refunds not paid or credited within 45 days of receipt of the returned Plan. Section 8. General Provisions: Insurance is amended as follows: A claim submitted to the insurer may include a claim of the unearned premium in the event of a cancellation.
California
The Bureau of Household Goods and Services does not regulate commercial use references in this Plan just residential coverage Section 8. General Provisions: Dispute Resolution – Arbitration is amended with the following: The arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7. Nothing herein shall prevent You from bringing an action in a small claims court of appropriate jurisdiction for damages not to exceed $5,000.00. The arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Department of Consumer Affairs. To learn more about this process, You may contact them at 1-800-952-5210, or You may write to Department of Consumer Affairs, Consumer Information Division, [4244 S. Market Court, Suite D Sacramento, CA 95834], or You may visit their website at [www.bhgs.dca.ca.gov]. Section 7. Cancellations is amended as follows: If You cancel within the first sixty (60) days and no claim has been made, You will receive a refund of 100% of the Plan purchase price. If You cancel after the first sixty (60) days or if a claim was made during the first sixty (60) days, You will receive a pro rata refund of the Plan purchase price, less the total actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received. You may cancel this Plan if You return the Product(s), or the Product(s) is sold, lost, stolen, or destroyed.
Colorado
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full Plan Price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan.
Connecticut
Section 3. Eligibility and Term item 2 is amended as follows: The expiration date of this Plan shall automatically be extended by the duration that the product is in Our custody while being repaired. Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: 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. Section 7. Cancellations is amended as follows: You may cancel this Plan if You return the Product or the Product is sold, lost, stolen, or destroyed.
District of Columbia
Section 7. Cancellations is amended as follows: If You do not receive the refund within 45 days, a 10% penalty per month shall be added to the refund.
Florida
The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: While arbitration is mandatory, the outcome of any arbitration will be non-binding on the parties, and either party will, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. The arbitration action will take place in the county where You reside.
Georgia
Section 6 Exclusions and Limitations is amended as follows: 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 phrase “LESS CLAIMS PAID” is deleted from the paragraph that begins with “SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT…” Section 8. General Provisions: Dispute Resolution – Arbitration is deleted in its entirety. Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and a claim has been made, You will be receive a full refund less any claims paid. If You cancel this Plan after twenty (20) days of mailing or ten (10) days of delivery, you will receive a pro rata refund less any claims paid. We may cancel this Plan only for fraud, material misrepresentation, or non-payment of the purchase Price. If a dispute arises between the English and Spanish, due to issues of interpretation, the English version will prevail in all case.
Hawaii
Section 7. Cancellations is amended as follows: A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan.
Indiana
Your proof of payment to Us for this Plan shall be considered proof of payment to the insurance company which guarantees Our obligations to You. This Plan is not insurance and is not subject to Indiana insurance law.
Maine
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full Plan Price including applicable sales tax. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan.
Massachusetts
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full Plan Price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan.
Maryland
Section 7. Cancellations is amended as follows: If You cancel this Plan within the first twenty (20) days after receipt, and no service events have been paid, this Plan is void and We will issue a full refund including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan. This Plan is extended automatically when We fail to perform the services under this Plan. This Plan will not terminate until services are provided in accordance with the terms of the Plan. If We breach any of Our duties under this Plan, You may file an action in any court of competent jurisdiction.
Michigan
Section 3. Eligibility and Term is amended as follows: If performance under this Plan is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Plan shall be extended for the period of the strike or work stoppage.
Minnesota
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan. You will receive five (5) days’ notice if the reason for cancellation is nonpayment of the purchase price, a material misrepresentation by You to Us, or a substantial breach of duties by You relating to the covered Product or its use. Any Arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and National Product Care Company.
Missouri
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month (or portion thereof) and any accrued penalties will be added to any refund that is not paid or credited within forty-five (45) days after You cancel the Plan. No claims paid will be deducted from any refund regardless of who initiates the cancellation.
Montana
Section 7. Cancellations is amended as follows: If We cancel this Plan, We will provide written notice with the cancellation date and reason for cancellation at the last known mailing or electronic address at least five (5) days prior to the cancellation date. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use.
Nebraska
Section 8. General Provisions: Dispute Resolution – Arbitration is deleted in its entirety and replaced with the following: Notwithstanding anything in this Plan to the contrary, if You and We mutually agree at the time of loss, this Plan provides for arbitration if there is an unresolved dispute between You and Us concerning this Plan. You agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall not be binding upon You. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Plan. To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within 1 year of the earlier of the date the loss occurred or the dispute arose or the applicable statute of limitations period, whichever is longer. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an “umpire.” All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Plan.
Nevada
Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: All references to the state of “Illinois” are replaced with “Nevada”. Section 7. Cancellations is deleted and replaced with the following: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month (or portion thereof) and any accrued penalties will be added to any refund that is not paid or credited within forty-five (45) days after the cancellation date. We may not cancel this Plan once it has been in effect for seventy (70) days, except for the following conditions: non-payment of this Plan; the conviction of a crime which results in an increase in the service required under this Plan; fraud or material misrepresentation in purchasing this Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of this Plan which substantially and materially increases the service required under this Plan; or a material change in the nature or extent of the service required which occurs after the purchase of this Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We Cancel, You will receive a refund for any unearned pro rata purchase price. If We cancel Your Plan, We will mail written notice to You within fifteen (15) days of cancellation stating the effective date of cancellation and the reasons.No claims or repairs incurred may be deducted from any refund. Section 6 Exclusions and Limitations is amended as follows: This Plan will not cover any unauthorized or non-manufacturer recommended modifications to the covered Product, or any damages arising from such unauthorized or non-manufacturer recommended modifications. However, if the covered Product is modified or repaired in an unauthorized or non-manufacturer recommended manner, We will not automatically suspend all coverage. Rather, this Plan will continue to provide any applicable coverage that is not related to the unauthorized or non manufacturer-recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Plan. If you are not satisfied with the manner in which We handle Your Claim, You may contact the Nevada Division of Insurance commissioner, toll free, [1-888-872-3234].
New Hampshire
In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271 2261. Section 6 Exclusions and Limitations is amended as follows: (c) ANY AND ALL PRE EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS PLAN Any or all loss or damage that occur prior to the effective date of this Plan will not be covered; The phrase “LESS CLAIMS PAID” is deleted from the paragraph that begins with “SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT…” Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: The following language is added: All arbitration or dispute resolution in New Hampshire is subject to and will not impede any consumer rights as provided for under New Hampshire RSA 542. All references to the state of “Illinois” are replaced with “New Hampshire”. Section 7. Cancellations is amended as follows: Regardless of who cancels the Plan, the cost of claims paid or services provided will not be deducted from any refund issued.
New Jersey
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan. If We cancel this Plan, We will provide written notice with the cancellation date and reason for cancellation at the last known mailing or electronic address at least five (5) days prior to the cancellation date. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use.
New Mexico Section 7. Cancellations is deleted and replaced with the following: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. If You have any concerns regarding the handling of Your claim, You may contact the Office of Superintendent of Insurance at [855-427-5674]. If a refund is not paid or credited within sixty (60) days after cancellation, We will pay You a penalty of 10% of the Plan Price for each 30 day period or portion thereof that the refund and any accrued penalties remain unpaid. If You cancel Your Plan after thirty (30) days from the date of purchase, You will receive 100% of the unearned pro rata refund of the Price less the total actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received. For cancellation of Plans containing multiple Products, You will receive 100% of the unearned pro rata refund of the Price of the entire Plan less the total actual cost of any services or benefits received. We may not cancel this Plan once it has been in effect for at least seventy (70) days before the expiration of the agreed term or one (1) year after the effective date of the Plan, whichever occurs first, except for the following conditions: failure to pay the Plan Price; conviction of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation in purchasing the Plan or obtaining service; or the discovery of an act or omission, or a violation of any condition of the plan which substantially and materially increases the service required under the Plan. If We cancel, You will receive a refund for any unearned pro rata price paid, less the actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received.
New York
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 30 days after You cancel the Plan. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use.
North Carolina
The purchase of this Plan is not required either to purchase or to obtain financing for Your Product. Section 7. Cancellations is amended as follows: We may not cancel this Plan except for non-payment or a direct violation of the Plan by You.
Ohio
Section 8. General Provisions: Insurance is amended as follows: A claim submitted to the insurer may include a claim of the unearned premium in the event of a cancellation.
Oklahoma
Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this Plan. Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: Read The Following Arbitration Provision (“Provision”) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action Prior to Engaging in Non-Binding Arbitration. Disputes under this Plan shall be subject to mandatory, non-binding arbitration. To begin Arbitration, either YOU or WE must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Consumer Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the CLAIM is filed. YOU may get a copy of these AAA's Rules by contacting AAA at [1633 Broadway, 10th Floor, New York, NY 10019] or visiting [www.adr.org]. WE will advance to YOU all or part of the fees of the AAA and of the arbitrator. Unless YOU and WE agree otherwise, the arbitration will take place in the county and state where YOU live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that YOU give up YOUR right to go to court on any CLAIM covered by this provision. YOU also agree that any arbitration proceeding will only consider YOUR CLAIMS. CLAIMS by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering YOUR CLAIMS. Please refer to the State Disclosures section of this Plan for any added requirements in YOUR state. In the event this Arbitration provision is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU and WE specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between YOU and US, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. All references to the state of “Illinois” are replaced with “Oklahoma”.
Oregon
NOTICE – Sentence (2) is deleted. Section 8. General Provisions: Dispute Resolution – Arbitration is deleted in its entirety.
South Carolina
In the event of a dispute with Us, You may contact the South Carolina Department of Insurance, Capitol Center, [1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201] or [(800) 768-3467]. Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the Plan to Us.
Texas
If You have complaints or questions regarding this Plan, contact the Texas Department of Licensing and Regulation at the following address and telephone number: Texas Department of Licensing and Regulation, [P.O. Box 12157, Austin, Texas 78711]; [(512) 463-6599] or [(800) 803-9202] (within Texas only). Section 7. Cancellations is amended as follows: You may cancel this Plan before the thirty-first (31st) day of purchase. If the Plan is cancelled within the applicable time period, You will receive a one hundred percent (100%) refund of the purchase price paid for this Plan. If You cancel this Plan on or after the thirty f irst (31st) day of purchase, You will receive a refund for any unearned pro rata price paid, less the actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the Plan to Us. Section 8. General Provisions: Insurance is amended as follows: You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which the Plan is returned to the Provider, or if any covered service is not provided by Us before the sixty-first (61st) day after the proof of loss has been filed.
Utah
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 Guaranty Association. Section 8. General Provisions: Dispute Resolution – Arbitration is deleted in its entirety. Section 7. Cancellations is amended as follows: We may cancel this Plan during the first sixty (60) days for any reason or after sixty (60) days for the following reasons only: non-payment of the Purchase price; material misrepresentation; substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or substantial breach of contractual duties, conditions, or warranties. We will mail the written notice to Your last known address, stating the effective date and reason for cancellation, at least ten (10) days prior to cancellation for non-payment of the Plan Price, and thirty (30) days prior to cancellation for material misrepresentation, substantial change in risk, or substantial breach of contractual duties, conditions or warranties.
Vermont
Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: All references to the state of “Illinois” are replaced with “Vermont”.
Virginia
Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: All references to the state of “Illinois” are replaced with “Virginia”. Section 7. Cancellations is amended as follows: If any promise made in the Plan has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at [www.vdacs.virginia.gov/food extended-service-contract-providers.shtml] to file a complaint.
Washington
Section 8. General Provisions: Dispute Resolution – Arbitration is amended as follows: All references to the state of “Illinois” are replaced with “Washington”. Nothing in the section headed Dispute Resolution will invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Plan. All arbitrations will be held in the county in which You maintain Your permanent residence. Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. 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.
Wisconsin
THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. This is a Plan as regulated under Wisconsin law and as referenced in the Federal Public Law #93-637. Section 8. General Provisions: Dispute Resolution – Arbitration is deleted in its entirety. Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month shall be added to a refund that is not paid or credited within 45 days after You cancel the Plan. In the event Your Product is total loss, You may cancel this Plan and receive a pro-rata refund of the Plan purchase price, less any claims paid. Section 8. General Provisions: Insurance is amended as follows: If the Provider ceases to operate, becomes insolvent or otherwise financially impaired, You may file a claim directly with the Plan reimbursement insurer for reimbursement. Unauthorized repairs may not be covered.
Wyoming
Section 8. General Provisions: Dispute Resolution – Arbitration is deleted in its entirety. Section 7. Cancellations is amended as follows: If You cancel this Plan within twenty (20) days of mailing or ten (10) days of delivery, and no claim has been made, this Plan will be void and You will be refunded the full purchase price including applicable sales tax. A 10% penalty per month shall be applied to refunds not paid or credited within 45 days of receipt of the returned Plan. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use.
These terms & conditions are available by calling (800) 800-1492 to have a copy mailed to You. .
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