Terms & Conditions
These Terms and Conditions apply to Staples Complete Care Protection Plans
STAPLES COMPLETE CARE PROTECTION PLAN
This Plan is not a contract of insurance. Unless otherwise regulated under state law, the contents under this Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.
These terms and conditions, together with Your sales receipt shall collectively constitute the entire contract relating to Your coverage. Your sales receipt describes the covered Product(s) and the term of this Plan.
1) DEFINITIONS: Plan Holder/You/Your means the owner of the Product(s) covered under this Plan.
Plan Provider/We/Us/Our means the entity that is contractually obligated to You under the terms of this Plan. The Plan Provider is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 in all states except in Florida where the Plan Provider is United Service Protection, Inc., P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 and in Oklahoma where the Plan Provider is Assurant Service Protection, Inc. P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578.
Plan Administrator means the entity responsible for the administration of this Plan. Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 is the Administrator of this Plan in all states except Florida and Oklahoma. In Florida, the Administrator is United Service Protection Inc., P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578. In Oklahoma, the Administrator is Assurant Service Protection, Inc. P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578.
Plan means the Plan, which You purchased to cover the Product(s) described on the sales receipt.
Product(s) means the item(s) purchased and covered under a manufacturer’s warranty and is shown on Your sales receipt.
Price means the consideration paid by You for this Plan, as listed on Your sales receipt.
Monthly Pay Option means the monthly amount paid by You for this Plan.
2) TERM: This Plan shall commence on the date of purchase and shall terminate on the date indicated on Your sales receipt. If You have opted for a Monthly Pay Option, this Plan is renewed monthly by Your payment of the monthly amount. If the monthly amount is not paid, coverage will terminate.
THIS PLAN IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY. LOSSES COVERED BY THE MANUFACTURER DURING THE MANUFACTURER’S WARRANTY PERIOD ARE NOT
COVERED UNDER THIS PLAN.
3) PRODUCT ELIGIBILITY:
New Product(s) must be purchased as new, manufactured for use in the United States and include a manufacturer’s original written warranty of at least 90 days of carry-in parts and labor coverage. During the manufacturer’s warranty period, the manufacturer is responsible for items covered under its express warranty; and We will pay for other covered items herein, not covered by the manufacturer’s warranty. This Plan covers the following components in a computer system if purchased at the same time: motherboard and all resident components, internal power supply, all internal cards, monitor, hard disk drive, CD-ROM drive, DVD drive, keyboard. This Plan will cover the replacement of one battery during the life time of the contract. Salvage of the damaged unit will be required.
Refurbished Product: A covered refurbished Product must be manufactured for use in the United States and include a manufacturer’s original written warranty of at least 90 days of carry-in parts and labor coverage. Refurbished Products are not eligible for renewal coverage.
4) WHAT IS COVERED: This Plan provides coverage for Product failures due to normal wear and tear. If You purchased accidental damage coverage as stated on Your sales receipt it will cover accidental damage as a result of handling, cracks and spilled liquid. This Plan covers only Products used primarily for personal, family or household purposes or in a small office or home office setting. Damage from power surge to Your covered Product will be covered up to a maximum of $1,000.00 over the life of the Plan, but You must first make a claim with Your Homeowner’s/renter’s insurance carrier to avoid duplicate recovery.
If We are unable to repair Your Product or We deem that repair is not cost effective, We have the option to replace Your covered Product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our option. In no event shall We will be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this Plan in its entirety and will cancel and discharge all further obligations under this Plan, where allowed by law. We must approve all repairs before they are performed.
5) IF YOU NEED SERVICE: To locate or arrange for service, call the Administrator at the toll free number 1-866-782-9155. The Administrator will arrange for one of the services listed below:
On-Site/Express Shipping: During the manufacturer’s warranty, calls may not be scheduled until authorized by the manufacturer. An adult of legal age must be present at the location where on-site service will occur. If You are required to ship Your covered Product, due to its sensitive nature or because You live outside the 50-mile radius of an authorized service center, We will pay the shipping charges.
Carry-In: You are responsible for transporting or shipping (postage pre-paid and insured) Your Product to the designated service center. If We require You to ship Your Product, any shipping charges You incur will be paid for by the Plan. If authorized service is performed, the Product will be shipped back to You at no additional cost.
Worldwide Service: Worldwide Service provides coverage for Your Product outside the manufacturer’s warranty when You travel overseas. You may call the Administrator collect to obtain detailed instructions and a repair authorization number prior to work being done. Note: Worldwide Service does not include on-site service. You must be a resident of the U. S. and be traveling overseas to be eligible for Worldwide Service.
Telephone Technical Hardware and Software Support: Please refer to the list of products in this brochure for which telephone technical assistance is available. The technical service representative will assist You on the telephone to determine what technical difficulties may exist with software applications that are preloaded on Your new laptop from the original manufacturer. To the extent that Our diagnosis confirms a hardware failure, We will assist You in arranging service for Your covered Product. Our level of service expertise cannot support customized or proprietary software, those applications that were installed after Your original product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, the Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or other.
6) NO-LEMON POLICY: If Your Product (not including accessories or batteries) fails three (3) times due to the same part(s) failure, We will replace the failed Product with one of like kind, quality, functionality and features or, at Our option, provide You with a settlement in the form of a check or gift card. With the exception of the Monthly Pay Option, such replacement or settlement shall constitute fulfillment of this Plan and will cancel and discharge all further obligations under this Plan.
7) DEDUCTIBLE: A deductible may apply to Your Plan. If a deductible applies, You will be responsible for paying this deductible for each service event by providing Us with one of the following acceptable forms of payment: credit, debit or prepaid card. Please refer to Your sales receipt for the deductible amount.
8) DELAYS: We will try to complete service as quickly as possible, however, We are not responsible for delays beyond Our control, including but not limited to manufacturer’s parts delay, delays in shipping to repair centers, or acts of God. In the event Your repair requires more than thirty (30) days to complete, the expiration date of Your Plan will be extended by the repair time in excess of thirty (30) days.
9) PARTS: Materials furnished as replacements for parts will be drawn from Our service contractor’s inventory of new or rebuilt parts and components.
10) SERVICES NOT COVERED: This Plan does not cover any loss, repair or replacement necessitated by acts of God, intentional damage, insect infestation, abuse or damage caused by nonauthorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. Also not covered are replacement costs for lost or consumable parts and problems due to improper and/or non-factory authorized installation or repairs. This Plan does not cover cosmetic damages to any products, components or consumable parts covered under this Plan. This Plan does not cover products used for public rental or communal use in multi-family housing. This Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This Plan does not cover “no problem found” diagnosis or any defects that are subject to a manufacturer’s program of reimbursement.
11) WHAT YOU MUST DO: You have the responsibility to protect the Product from further damage and follow the owner’s instruction manual. You are responsible for backing up all software prior to commencement of any product repair or replacement.
12) CANCELLATION: You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of 100% of the Plan purchase price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at P. O. Box 888050, Lawton, OK 73506-8050, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. We shall pay a ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to Us. The effective date of cancellation is the date We receive the request for cancellation. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You.
If You opted for a Monthly Pay Option, You may cancel this Plan by contacting the billing company that appears on Your monthly statement. You may call the Plan Administrator at its toll-free number for contact information to Your billing company. If You cancel the Plan within the first thirty (30) days and no claims have been filed, the Plan is void and You will receive a full refund. If You cancel after the first thirty (30) days (or within the first thirty (30) days and a claim has been filed), the purchase Price paid by You is fully earned and You will not receive a refund, except as otherwise required by law.
We may cancel this Plan at any time for any contractual reason. If We cancel, We shall mail written notice to Your last known address at least thirty (30) days prior to the effective date of cancellation and the reason for cancellation. If We cancel, You shall be refunded the unearned pro rata purchase Price of this Plan.
13) TRANSFER: This Plan is transferable to a purchaser of the Product by providing written notice to Us. The request must include the name, address and phone number of the person to whom this Plan is being transferred. Your transfer takes effect as soon as We receive Your written notice.
14) RENEWAL: With the excetion of the Monthly Pay Option, We are not required or obligated to offer You another Plan. To inquire if renewal coverage is available, please call Staples at 1-866-782-9155 for pricing and details. In the event You are offered a renewal, We will contact You with the terms and conditions and applicable fees.
(15) ARBITRATION: Read The Following Arbitration Provision (“Provision”) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action.
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 Commercial 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, calling (800) 778-7879 or visiting www. adr.org. The filing fees to begin and carry out arbitration will be shared equally between You and Us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration. Unless You and We agree, 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 not any state law on arbitration. 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.
THE FOLLOWING STATE SPECIFIC REQUIREMENTS APPLY IF YOUR PLAN WAS PURCHASED IN ONE OF THE FOLLOWING STATES AND SUPERSEDE ANY OTHER PROVISION HEREIN TO THE CONTRARY:
AL,CT, GA, IL, IN, KY, MA, ME, NC, NH, NV, NY, OR, SC, UT, WI and WY only: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: 11222 Quail Roost Drive, Miami, FL 33157, or call the toll-free number at 1-800-852-2244.
HI, MT, VA and VT only: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. FREE LOOK: AL, AR, HI, MA, MD, ME, MN, MO, NV, SC, and WY only: You may, within twenty (20) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made, You will be refunded the full Plan Price. 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. This provision applies only to the original purchaser of this Plan. GA, LA, OR, UT, WI, WY only: “Arbitration” is deleted in its entirety. It is not applicable to You.
Alabama only: CANCELLATION: Prior notice of cancellation is not necessary if cancelled due to nonpayment of the Plan Price or material misrepresentation.
Arkansas only: CANCELLATION: Prior notice is not required if cancellation is due to nonpayment of premium, material misrepresentation or a substantial breach of duties by You. A pro rata refund is not applicable if cancelled for nonpayment of premium. The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any Covered Service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned Plan Price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida.
Arizona only: NOTICE: Our repair or replacement of Your Product in its entirety shall not eliminate Our obligation for future repair or replacement as otherwise provided under Your Plan. CANCELLATION: No claim incurred or paid will be deducted from cancellation refund. We will not cancel or void this Plan due to pre-existing conditions, prior use or unlawful acts relating to the Product or misrepresentation by the Administrator or its subcontractors. ARBITRATION: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions A.R.S. § 20-1095.09, Unfair trade practices as outlined by the Arizona Department of Insurance. To learn more about this process, You may contact the Arizona Department of Insurance at 2910 N. 44th St., 2nd Fl., Phoenix, AZ 85018-7256, Attn: Consumer Affairs. You may directly file any complaint with the A.D.O.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Affairs Division of the A.D.O.I., toll-free phone number 800-325-2548.
California only: ARBITRATION: 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 Highland, California 95660, or You may visit their Website at www.bear.ca.gov. CANCELLATION: The cancellation provision is replaced with the following: Excluding the Monthly Pay Option, You may cancel this Plan at any time upon written notice addressed as follows: Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689 or by calling 1-866-782-9155. Cancellation shall be effective upon receipt of such written notice. If You cancel the Plan within the first thirty (30) days of receipt of this Plan and no claims have been filed, the Plan is void and You will receive a full refund. If You cancel after the first thirty (30) days of receipt of this Plan, We will refund the unearned pro rata purchase Price of this Plan to You, less the cost of any claims, less an administrative fee of ten percent (10%) of the purchase Price of the Plan or twenty-five dollars ($25.00), whichever is less. You may cancel this Plan if You return the Product(s), or the Product(s) is sold, lost, stolen or destroyed.
If You opted for a Monthly Pay Option, You may cancel this Plan by contacting the billing company that appears on Your monthly statement. You may call the Plan Administrator at its toll-free number for contact information to Your billing company. If You cancel the Plan within the first thirty (30) days of receipt of this Plan and no claims have been filed, the Plan is void and You will receive a full refund. If You cancel after the first thirty (30) days of receipt of this Plan (or within the first thirty (30) days and a claim has been filed), the purchase Price paid by You is fully-earned and You will not receive a refund.
Colorado only: NOTICE: Actions under this Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or “Unfair Practices Act”, articles 1 and 2 of Title 6, C.R.S. A party to such a contract may have a right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Connecticut only: If the covered Product is in a repair facility at the time of the Plan expires, the Plan’s expiration date will automatically be extended until the repair is complete. CANCELLATION: You may cancel this Plan if You return the covered Product or if the covered Product is sold, lost, stolen, or destroyed. RESOLUTION OF DISPUTE: If We are unable to resolve any disputes with You regarding this Plan, You may file a written complaint with the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 061242-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the covered Product subject to the Plan, the cost of repair of the covered Product, and a copy of the Plan.
Florida only: CANCELLATION: In the event You cancel this Plan, You shall receive a refund equal to ninety percent (90%) of the unearned pro rata Plan Price, less any claims paid or less the cost of any repairs made. In the event We cancel this Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata Plan Price. ARBITRATION: While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, 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 the insured resides. REGULATION: The rate charged for the Plan is not subject to regulation by the Florida Office of Insurance Regulation.
Georgia only: CANCELLATION: You may cancel this Plan at any time. No claim paid or incurred shall be deducted from any refund owed. This Plan may only be cancelled or terminated by Us for fraud, material representation or nonpayment. Cancellation will be in accordance with O.C.G.A 33-24-44 of the Georgia Code. If You wish to cancel, You must notify the Administrator in writing or surrender the Plan to the Administrator, whereupon the Administrator will refund the unearned Plan Price. If You cancel, refunds will be determined on the excess of the Plan Price above the customary short rate for the expired term of the contract.
Hawaii only: CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You relating to the covered Product or its use, or a substantial breach of Your duties relating to the covered Product or its use.
Indiana only: NOTICE: Proof of payment to the Retailer that sold You this Plan constitutes proof of payment to American Bankers Insurance Company of Florida, issuer of the insurance policy that insures Our obligation.
Maine only: CANCELLATION: If We cancel this Plan for any reason other than nonpayment, We will refund the unearned pro rata purchase Price of this Plan to You, less the cost of any claims, less an administrative fee of ten percent (10%) of the purchase Price of the Plan or twenty-five ($25.00), whichever is less.
Michigan only: NOTICE: If the performance under this Plan is interrupted because of a strike or work stoppage at the company’s place of business, the effective period of the Plan shall be extended for the period of the strike or work stoppage.
Minnesota only: OBLIGATIONS: The obligations under this Plan are insured by a policy of insurance issued by American Reliable Insurance Company 11222 Quail Roost Drive, Miami, FL, 33157. ARBITRATION: The Arbitration provision has been amended by adding the following: Any Arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.
Montana only: CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You relating to the covered Product or its use, or a substantial breach of Your duties relating to the covered Product or its use.
Missouri only: OBLIGATIONS: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 1-800-852-2244. In the event that any Covered Service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned Plan Price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida.
Nevada only: WHAT IS NOT COVERED: The following item is deleted: (2) merchandise that does not have a limited warranty; AVAILABILITY OF SERVICES: Unauthorized repairs will not invalidate this Plan. However, this Plan will not provide any coverage for unauthorized repairs. CANCELLATION: If You opted for a Monthly Pay Option, and You cancel after the first thirty (30) days (or within the first thirty (30) days and a claim has been filed), We will refund the unearned pro rata monthly purchase Price of this Plan to You, less an administrative fee of ten percent (10%) of the monthly purchase Price of the Plan or twenty-five dollars ($25.00), whichever is less. We may not cancel this Plan once it has been in effect for seventy (70) days, except for the following conditions: failure to pay the Plan Price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the 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 equal to the unearned pro rata Plan Price. The purchase of the Plan as a condition of approval of a loan or the purchase of goods is not permitted. The repair or replacement of the covered Product in its entirety shall not eliminate Our obligation for future repair or replacement as otherwise provided under this Plan. No claim incurred or paid shall be deducted from the amount to be returned.
New Hampshire only: NOTICE: In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. SERVICES NOT COVERED: Any and all loss or damage that occurs prior to the effective date of this Plan will not be covered.
New Mexico only: CANCELLATION: We may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Plan Price; (b) the conviction of You of a crime which results in an increase in the service required under the Plan; (c) fraud or material misrepresentation by You in purchasing the Plan or obtaining service; (d) or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan. If We cancel, You will receive a refund equal to the unearned pro rata Plan Price less the cost of any repairs made. No cancellation of a service contract may become effective until at least fifteen (15) days after the notice of cancellation is mailed to You. FREE LOOK: You may return this Plan within twenty (20) days of the date that this Plan was mailed to You, or within ten (10) days of delivery. If You made no claim, the Plan is void and the full Plan Price will be refunded to You. We shall refund You or credit Your account the Plan Price within sixty (60) days after the Plan is returned. We will pay a penalty of ten percent (10%) per month on a refund that is not paid or credited for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. This applies only to the original purchaser of the Plan, and is not transferable.
New York only: CANCELLATION: Written notice will not be provided if the reasons for cancellation are nonpayment by You, material misrepresentation or substantial breach of duties by You with regards to the covered product or its use. FREE LOOK: You may, within twenty (20) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, You will be refunded the full Plan Price of the Plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of the Plan. This provision applies only to the original purchaser of this Plan.
North Carolina only: CANCELLATION: We may not cancel this Plan except for nonpayment by You or for direct violation of the terms and conditions of the Plan by You. Ohio only: OBLIGATIONS: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 1-800-852-2244. If We fail to perform or make payment due under the terms of the Plan within sixty (60) days after You request performance or payment, You may apply directly to American Bankers Insurance Company of Florida, including, but not limited to, any obligation in the Plan in which We must refund You upon cancellation of the Plan.
Oklahoma only: NOTICE: 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 service warranty contracts. The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, or call the toll-free number at 1-800-852-2244.CANCELLATION: The cancellation provision is replaced with the following: Excluding the Monthly Pay Option, You may cancel this Plan at any time upon written notice addressed as follows: Assurant Service Protection, Inc., P.O. Box 105689, Atlanta, GA 30348-5689 or by calling 1-866-782-9155. Cancellation shall be effective upon receipt of such written notice. If You cancel the Plan within the first thirty (30) days and no claims have been filed, the Plan is void and You will receive a full refund. If You cancel the Plan after the first thirty (30) days, or have made a claim within the first thirty (30) days, the refund will be based upon one hundred percent (100%) of the unearned pro rata premium, less the actual cost of any service provided under the Plan. We will refund the unearned pro rata premium of this Plan to You, less the cost of any claims, less an administrative fee of ten percent (10%) of the unearned pro rata premium of the Plan or twenty-five dollars ($25.00), whichever is less.
If You opted for a Monthly Pay Option, You may cancel this Plan by contacting the billing company that appears on Your monthly statement. You may call the Plan Administrator at its toll free number for contact information to Your billing company. If You cancel the Plan within the first thirty (30) days and no claims have been filed, the Plan is void and You will receive a full refund. If You cancel the Plan after the first thirty (30) days (or within the first thirty (30) days and a claim has been filed), the purchase Price paid by You is fully earned and You will not receive a refund.
We may cancel this Plan at any time for any contractual reason. If We cancel, We shall mail written notice at least thirty (30) days prior to the effective date of cancellation. If We cancel, the refund will be based upon one hundred percent (100%) of the unearned pro rata premium, less the actual cost of any service provided under the Plan.
South Carolina only: SPECIAL PROVISION: If the Provider does not timely resolve such matters within sixty (60) days of proof of loss, You may contact the South Carolina Department of Insurance, Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467. CANCELLATION: If We cancel the Contract, written notice will be mailed to Your last known address, stating the reasons and effective date, at least fifteen (15) days prior to the cancellation. Written notice will not be provided if the reasons for cancellation are nonpayment by You, fraud or material misrepresentation. NOTICE: All references to check are replaced with gift card.
Texas only: NOTICE: The Administrator of this Plan is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578. The Administrator’s Registration Number for Federal Warranty Service Corporation is 269. The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any Covered Service is provided to You by Us before the sixty-first (61st) day after proof of loss has been filed, or if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Plan is cancelled, You may apply directly to American Bankers Insurance Company of Florida. Purchase of this Plan is not required in order to purchase or obtain financing. CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the premium, fraud or material misrepresentation by You to Us or the Administrator or a substantial breach of Your duties relating to the covered Product or its use. SPECIAL PROVISION: If You have complaints or questions regarding this Plan, You may 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 TX only). FREE LOOK: You may, within thirty (30) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made, You will be refunded the full Plan Price. 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. This provision applies only to the original purchaser of this Plan.
Utah only: NOTICE: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. This Plan is subject to limited regulation by the Utah Insurance Department. To file a compliant, contact the Utah Insurance Department. CANCELLATION: No cancellation of this Plan shall become effective, unless We provide You with notice of such cancellation at least thirty (30) days prior to the effective date of cancellation and shall state the reason for cancellation. We may cancel for the following reasons: (a) nonpayment of Plan Price of the Plan; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. If you need a repair that falls outside of normal business hours, please call the toll free number listed in the IF YOU NEED SERVICE provision; it is available 24 hours a day, 7 days a week.
Washington only: OBLIGATIONS: The obligations under this Plan are Washington only: OBLIGATIONS: The obligations under this Plan are backed by the full faith and credit of the Plan Provider. ARBITRATION: Nothing in the section headed “Arbitration” shall 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. FREE LOOK: You may, within twenty (20) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, You will be refunded the full Plan Price of the Plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within thirty (30) days after return of the Plan. The right to void this Plan is not transferable. The right to void this Plan applies only to the original purchaser of this Plan. DEFINITIONS: The following defined terms are added – Plan Administrator/Provider means the entity that is responsible for the administration of the Plan. Provider Fee/ Price as indicated on Your sales receipt means the consideration paid by You for the Plan. Service Contract/ Plan means a Plan, which You have purchased for the Product described on the sales receipt. Service Contract Holder/You/Your means the person who is the purchaser or holder of the Plan as indicated on the sales receipt. Service Contract Provider/Plan Provider/We/Us/Our means Federal Warranty Service Corporation, who is contractually obligated to the Service Contract Holder under the terms of the Plan.
Wisconsin only: NOTICE: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. CANCELLATION: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Proof of loss must be provided as soon as reasonably possible. Failure to furnish proof of loss within the time required does not invalidate or reduce a claim, unless We are prejudiced thereby, and it was reasonably possible to meet the time limit. SUBROGATION: The Plan holder will be made whole before We retain any amounts that may be recovered.
Wyoming only: CANCELLATION: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by You or a substantial breach of duties by You relating to the covered Product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation. NOTICE: If You purchased accidental damage coverage, any reference to drops, liquid, spills or cracks are deleted.
PRIVACY NOTICE
To review the General Privacy Policy of Federal Warranty Service Corporation, United Service Protection, Inc., Assurant Serice Protection, Inc., Assurant Solutions companies, please visit http://www.assurantsolutions.com/privPolGeneral.html.
These Terms and Conditions apply to Staples Product Protection Plans
TECHNICAL SUPPORT AND PROTECTION PLAN PLUS (TSPPLUS)
IF YOU PURCHASED THIS OPTIONAL TSPPlus, AS INDICATED ON YOUR SALES RECEIPT,THIS ADDENDUM CHANGES THE TERMS AND CONDITIONS.PLEASE READ IT CAREFULLY.
The obligor of this Plan is Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348, (770) 763-1000. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. If You live in Oklahoma, this Plan is an agreement between the Obligor/Provider of this Plan, Assurant Service Protection, Inc., P. O. Box 888050, Lawton, OK 73506-8050, and You, the purchaser.
The following is added to Your Technical Support and Protection Plan Terms and Conditions:
The Technical Support and Protection Plan (Terms and Conditions), together with this Technical Support and Protection Plan Plus Addendum (Addendum) and the sales receipt or other evidence of purchase of the Plan (with Technical Support and Protection Plan Plus SKU number), shall collectively constitute the entire Contract relating to Your TSPPlus Plan coverage. These agreements, collectively, supersede all prior agreements and understandings, written or oral, concerning the subject matter herein.
Coverage is deleted in its entirety and replaced as follows:
Coverage: Subject to the Terms and Conditions and this Addendum, the provisions of TSPPlus, provide for the repair or replacement (as applicable) of Your covered Laptop or Digital Camera resulting from normal wear and tear including accidental damage (such as drops, liquid spills, and cracks) and failures that occur during normal use and operation in accordance with the manufacturer’s written specifications. If We are unable to repair Your product or We deem that repair is not cost effective, We have the option to replace Your covered product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our option. In no event shall We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this TSPPlus Plan in its entirety and will cancel and discharge all further obligations under this TSPPlus Plan, where allowed by law. We must approve all repairs before they are performed.
Exclusions from Coverage is deleted in its entirety and replaced as follows:
Exclusions from Coverage: This TSPPlus Plan does not cover any loss, repair or replacement necessitated by acts of God; consequential or incidental damages which include, but are not limited to, any delay in rendering service, loss of data, or loss of use during the repair period of the product(s) or while otherwise awaiting parts; intentional damage, insect infestation, misuse, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the TSPPlus Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and / or non-factory authorized installation or repairs. This TSPPlus Plan does not cover cosmetic damages to any products, components or consumable parts covered under this TSPPlus Plan. This TSPPlus Plan does not cover products used for public rental or communal use in multi-family housing. This TSPPlus Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This TSPPlus Plan does not cover “no problem found” diagnosis or any defects that are subject to a manufacturer’s program of reimbursement.
You are responsible for backing up all software prior to commencement of any product repair or replacement.
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
TECHNICAL SUPPORT AND PROTECTION PLAN TERMS AND CONDITIONS
To obtain Service OR to receive technical support on Your covered product under this Plan, call toll free 1-866-782-9155, and make Your selection.
This Plan is not an insurance contract
“You” and “Your” indicates the purchaser of this Service Plan (Plan), a resident of the United States. “We“, “Us”, and “Our” indicates the Obligor/Provider of this Plan. This Plan is an agreement between the Obligor/Provider of this Plan, Federal Warranty Service Corporation, and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. If You live in Oklahoma, this Plan is an agreement between the Obligor/Provider of this Plan, Assurant Service Protection, Inc. and You, the purchaser. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. Federal Warranty Service Corporation, P. O. Box 888050, Lawton, OK 73506-8050 is the administrator of this Plan in all states except Florida and Oklahoma. In Florida, THIS PLAN IS ADMINISTERED BY UNITED SERVICE PROTECTION, INC. If You live in Oklahoma, the administrator of this Plan is Assurant Service Protection, Inc. P. O. Box 888050, Lawton, OK 73506-8050.
The obligations assumed under the terms of this Plan are fully insured at the date of sale by American Bankers Insurance Company of Florida an Insurer rated “Excellent by A.M. Best. You must present this document and Your sales receipt for any product repair, replacement, exchange or voucher credit. The sales receipt You receive for the Plan coverage of the product shall become a part of the Plan. Refer to Your original sales receipt for the Plan term.
Product Eligibility: This Plan covers only products used primarily for personal, family or household purposes or in a small office or home office setting. Covered product(s) must be purchased as new, manufactured for use in the United States and include a manufacturer’s original written warranty of at least 90 days of carry-in parts and labor coverage. THIS PLAN IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; THIS PLAN DOES NOT REPLACE THE MANUFACTURER’S WARRANTY. THIS PLAN BEGINS WITH THE DATE OF PURCHASE EXCEPT FOR FLAT SCREEN MONITORS AND COPIERS (SEE FLAT SCREEN MONITOR AND COPIER COVERAGE SECTIONS BELOW FOR DETAILS). During the manufacturer’s warranty period, the manufacturer is responsible for items covered under its express warranty; and We will pay for other covered items herein, not covered by the manufacturer’s warranty. This Plan covers the following components in a computer system if purchased at the same time: motherboard and all resident components, internal power supply, all internal cards, monitor, two floppy drives, 1 hard disk drive, 1 CD-ROM drive, 1 DVD drive, keyboard, mouse and printer. Laptop, Personal Digital Assistant, and flat screen panel monitor screen replacements are limited to one screen replacement during the term of the Plan.
Coverage: This Plan provides coverage for product failures due to normal wear and tear. If We are unable to repair Your product or We deem that repair is not cost effective, We have the option to replace Your covered product with a new, rebuilt or refurbished product of equal or similar features and functionality, or, at Our option, We will issue a Staples Cash Card settlement for an amount up to the current retail cost of a replacement product of equal or similar features and functionality. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our option. In no event shall We be liable for any damages as a result of the unavailability of repair parts. Replacement of Your covered product, or issuance of a Staples Cash Card settlement shall fulfill this Plan in its entirety and will cancel and discharge all further obligations under this Plan, where allowed by law. We must approve all repairs before they are performed.
Refurbished Product Eligibility: A covered refurbished product must be manufactured for use in the United States and include a manufacturer’s original written warranty of at least 90 days of carry-in parts and labor coverage. Refurbished products are not eligible for renewal coverage. Flat Screen Monitor Coverage: Flat Screen Monitor component coverage commences upon the expiration of the shortest portion of the manufacturer’s limited warranty. Parts and labor coverage during the manufacturer’s warranty period are the responsibility of the manufacturer. However, Screen Replacement Coverage for Your Flat Screen Monitor is available from date of product purchase and is limited to One screen replacement over the life of the term of Your Plan. The one time replacement of Your screen does not fulfill the Plan in its entirety.
Copier Coverage: Copier coverage commences upon the expiration of the shortest portion of the manufacturer’s limited warranty. Parts and labor coverage during the manufacturer’s warranty period are the responsibility of the manufacturer.
Power Surge: Damage from power surge to Your covered product will be covered up to a maximum of $1,000.00 over the life of the Plan, but You must first make a claim with Your Homeowner’s/renter’s insurance carrier to avoid duplicate recovery.
Bundled Products: The plan covers a bundle products sale that includes one PDA or Digital Camera and one separate other computer peripheral. Covered products must be sold as one item. On-Site/Express Shipping Protection Plan: During the manufacturer’s warranty, calls may not be scheduled until authorized by the manufacturer. An adult of legal age must be present at the location where on-site service will occur. If You are required to ship Your covered product, (including notebooks, laptops, ink jet printers, fax machines, monitors, CD-ROM drives, disk drives, and tape back-up systems) due to its sensitive nature or because You live outside the 50-mile radius of an authorized service center, We will pay the shipping charges.
CARRY-IN Protection Plan: You are responsible for transporting or shipping (postage pre-paid and insured) Your product to the designated service center. If We require You to ship Your Product, any shipping charges You incur will be paid for by the Plan. If authorized service is performed, the product will be shipped back to You at no additional cost. Component Replacement Guarantee: If any component in Your covered product fails three times due to the same problem, this Plan will replace the product or component with a product or component of equal or similar features and functionality or like kind and quality. The Component Replacement Guarantee does not include repairs performed by the manufacturer under its limited warranty.
Worldwide Service: Worldwide Service provides coverage for Your product outside the manufacturer’s warranty when You travel overseas. You may call the telephone number listed in Your Plan collect to obtain detailed instructions and a repair authorization number prior to work being done. Note: Worldwide Service does not include on-site service. You must be a resident of the U. S. and be traveling overseas to be eligible for Worldwide Service.
Telephone Technical Hardware and Software Support: Please refer to the list of products in this brochure for which telephone technical assistance is available. The technical service representative will assist You on the telephone to determine what technical difficulties may exist with software applications that are preloaded on Your new CPU from the original manufacturer. To the extent that Our diagnosis confirms a hardware failure, We will assist You in arranging service for Your covered product. Our level of service expertise cannot support customized or proprietary software, those applications that were installed after Your original product purchase, or those software errors that confirm improperly functioning or defective software. Additionally, the Plan does not provide education on how to utilize or perform tasks using any type of software program, preloaded or other.
Important Consumer Information: If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a written claim directly against American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, who insures Our obligations under this agreement. If Staples, Inc. exchanges or You sell the product, You must advise Us in writing at P.O. Box 888050, Lawton, OK 73506-8050 within ten (10) days of the exchange or sale. The cancellation provisions of the Plan apply only to the original purchaser of the Plan, except in California and Oklahoma. This Plan may be transferred by You. Only We can modify this Plan.
To learn more about how United Service Protection, Inc., American Reliable Insurance Company, Federal Warranty Service Corporation, Sureway, Inc. and Assurant Service Protection, Inc., member companies of Assurant Solutions, use Your personal information, please visit the privacy policy page on Our web site at www.assurantsolutions.com.
Exclusions from Coverage: This Plan does not cover any loss, repair or replacement necessitated by acts of God, accidental, consequential, incidental or intentional damage, spilled liquids, insect infestation, misuse, abuse or damage caused by non-authorized repair personnel or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and/or non-factory authorized installation or repairs. This Plan does not cover cosmetic damages to any products, components or consumable parts covered under this Plan. This Plan does not cover products used for public rental or communal use in multi-family housing. This Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This Plan does not cover “no problem found” diagnosis or any defects that are subject to a manufacturer’s program of reimbursement.
You are responsible for backing up all software prior to commencement of any product repair or replacement.
Disclaimer of Certain Liabilities: This Plan is not intended to create or limit any implied warranties concerning Your product, which may or may not exist under applicable law.
Cancellation: You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of 100% of the Plan purchase price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at P. O. Box 888050, Lawton, OK 73506-8050, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. We shall pay a ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to Us. The effective date of cancellation is the date We receive the request for cancellation. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You.
Renewal: To inquire if renewal coverage is available, please call Staples at 1-866-782-9155 for pricing and details.
Arbitration: READ THE FOLLOWING ARBITRATION PROVISION (“PROVISION”) CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. As used in this Provision, You and Your mean the person or persons named in this Plan, and all of his/her heirs, survivors, assigns and representatives. And, We and Us shall mean the Obligor identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities.
Any and all Claims, disputes, or controversies of any nature whatsoever (whether in Plan, tort or otherwise, (whether by misrepresentation or by omission arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Plan (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA’s Rules and this Provision. You may obtain a copy of the AAA’s Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision. This Provision shall inure to the benefit of and be binding on You and Us and it shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Plan.
You 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. 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 Highland, California 95660, or you may visit their website at www. bear.ca.gov.
These special state disclosures apply if Your Plan was delivered to one of the following states and supersedes any other provisions herein to the contrary:
Alabama only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use.
Arizona only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. We will not cancel or void this Plan due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. We may cancel this Plan only in the event of fraud, material misrepresentation or non-payment by You.
The following statement has been added to the arbitration provision of Your Plan: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair Trade Practices as outlined by the Arizona Department of Insurance. To learn more about this process, you may contact the Arizona Department of Insurance at 2910 N. 44th St., 2nd Fl. Phoenix, AZ 85018-7256, Attn: Consumer Affairs.
Arkansas only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. 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. The right to void this Plan is not transferable and applies to only to the original purchaser. If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of this Plan. California only: The Seller of this Plan is Staples, Inc., 500 Staples Drive, Framingham, MA 01702. Obligor under this Plan is Sureway, Inc., 11222 Quail Roost Drive, Miami, FL 33157. You may cancel this Plan after thirty (30) days from the date of Plan receipt by contacting the Administrator in the manner described above, and You will receive a pro rata refund of the Plan purchase price, less the cost of repairs made (if any), and less an administrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00).
Colorado only: Action under this Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or the Unfair Practices Act”, articles 1 and 2 of title 6, C.R. S. A party to this Plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws.
Connecticut only: Your Plan term is automatically extended by the length of time in which the covered product is in Our custody for repair. If You have a dispute with Us, You may contact the State of Connecticut, Insurance Department, P.O. 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. You have a right to cancel this Plan if you return the product or if it is lost, stolen or destroyed.
Florida only: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. If You cancel this Plan, You will receive a refund equal to ninety percent (90%) of the unearned pro rata purchase price less any Claims that have been paid or less the cost of repairs of the product. If We cancel the Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price. While arbritration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction.
Georgia only: If You purchase Your Plan in Georgia, You are entitled to cancel this Plan at any time. Cancellation will comply with Section 33-24-44 of the Georgia Code. Any refund owed in the event of cancellation shall be determined on the excess of the Plan purchase price above the customary short rate for the expired term of the Plan, and no Claim paid or incurred shall be deducted from any refund owed. We are also entitled to cancel this Plan at any time based upon fraud, misrepresentation, or failure to pay for the Plan, and notice of cancellation by Us will be given at least thirty (30) days prior to cancellation. You will be refunded the unearned pro rata purchase price of this Plan. Arbitration is deleted in its entirety. Under the “Exclusions from Coverage” section the following sentence has been amended: Preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan known to You.
Hawaii only: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. If You have a question or complaint, You may contact the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813.
Illinois only: The cancellation fee is equal to the lesser of ten percent (10%) of the Plan purchase price or fifty dollars ($50.00). If your Plan includes the optional accidental damage addendum, the intentional damage exclusion does not apply to You due to the addendum providing coverage for normal wear and tear including accidental damage. Maryland only: The right to return (cancel) the Plan applies only to the original purchaser of the Plan. We will pay a penalty of 10% of the Plan purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Plan to us. “Purchase price” shall refer to the purchase price of the covered product(s) as shown on Your sales receipt.
Massachusetts only: You have the right to return or void this Plan. You may return the Plan within twenty (20) calendar days after the date We mail a copy of the Plan to You or within ten (10) days if it is provided to You at the time of sale. If You return this Plan within the applicable time period and no Claims have been filed, the Plan shall be void and We will refund the entire Plan Price within forty-five (45) days. A 10% penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of this Plan to Us. This provision applies only to the original purchaser. You have a duty to protect against any further damage and are required to comply with the owner’s manual. This Plan does not provide coverage for preexisting conditions. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. Minnesota only: Under the “Important Consumer Information” section the first sentence has been replaced with the following: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Reliable Insurance Company, who insures our obligations under this Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244. You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund or credit in the amount of 100% of the Plan purchase price. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at P.O. Box 105687, Atlanta, GA 30348-5687, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less. The right to void this Plan is not transferable and applies only to the original purchaser. 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 this Plan to us. The effective date of cancellation is the date We receive the request for cancellation. We may cancel this Plan based on one or more of the following reasons: (A) non-payment of the Plan purchase price; (B) a material misrepresentation made by You; or (C) a substantial breach of duties by you. If we cancel this Plan for any of the above reasons, we will mail written notice of cancellation to you at least five (5) days prior to the effective date of cancellation. If we cancel this Plan for any other reason, we will mail written notice of cancellation to you at least fifteen (15) days prior to the effective date of cancellation stating the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. Arbitration: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.
Mississippi only: The Arbitration Provision is deleted in its entirety. Missouri only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. 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. The right to void this Plan is not transferable and applies to only to the original purchaser. If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of this Plan. Nevada only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. If We are unable to repair Your product, replacement of Your covered product will be provided for with a store voucher or check equal to the original purchase price of the covered product. Refund of the original product purchase price will fulfill this agreement in its entirety and will cancel and discharge all further obligations under this Service Plan. With respect to each product covered under this Plan, Our liability is limited to the original retail purchase price You paid for such product. We may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: failure to pay the Plan purchase price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel the Plan, You will be refunded the unearned pro rata purchase price of the Plan.
New Hampshire only: In the event you do not receive satisfaction under this Plan, you may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. New Mexico only: The Administrator may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Plan purchase price; (b) the conviction of You of a crime which results in an increase in the service required under the Plan; (c) fraud or material misrepresentation by You in purchasing the Plan or obtaining service; (d) or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan. If the Administrator cancels, You will receive a refund equal to the unearned pro rata purchase price less the cost of any repairs made. New York only: You may cancel this Plan at any time after thirty (30) days from receipt and receive a pro rata refund of the purchase price less the value of any service received. Administrator is not required to mail You written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered property or its use.
North Carolina only: The purchase of a Plan is not required in order to obtain financing. Oklahoma only: NOTICE: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guarantee Association. Oklahoma service warranty statutes do not apply to commercial use in service warranty contracts. The cancellation provision is deleted and replaced with the following: Cancellation: You may cancel Your Plan within thirty (30) days of date of Plan receipt by returning the Plan to Your local Staples, Inc. In the event the Plan is cancelled by You within the first thirty (30) days of the effective date, and no claims have been paid, You will receive a full refund. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us, P. O. Box 888050, Lawton, OK 73506-8050, or by calling the toll free number noted in Your Plan. If You cancel the Plan after thirty (30) days, or have made a claim within the first thirty (30) days, return of purchase price shall be based upon ninety percent (90%) of the unearned pro rata purchase price, less the actual cost of any service provided under the Plan. We shall retain ten percent (10%) of the unearned pro rata purchase price or twenty-five dollars ($25.00), whichever is less. In the event the Plan is cancelled by Us, return of purchase price shall be based upon one hundred percent (100%) of unearned pro rata purchase price, less the actual cost of any service provided under the Plan. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to Us. Oregon only: Arbitration is deleted in its entirety.
South Carolina only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. You are responsible for providing normal household cleaning and any non-technical cleaning as described in Your manufacturer’s instruction manual for Your Personal Computer. This Plan does not provide coverage for pre-existing conditions. If You have a question, a complaint or Your Claim is not handled in a timely manner; You may contact the South Carolina Department of Insurance, P. O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (800) 768-3467.
Texas only: The definition of Administrator is amended to include the following: The Registration Number for Federal Warranty Service Corporation is 269. Cancellation is amended to include the following: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The cancellation provisions of the Plan apply only to the original purchaser of the Plan. Important Consumer Information is deleted and replaced with the following: If You have a question or complaint, You may contact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, Texas 78711, (800) 803-9202 or (512) 463-6599. The obligations under this Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not paid within 60 days after proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the contract is canceled, You may apply directly to American Bankers Insurance Company of Florida. This Plan may be transferred by You. Only We can modify this Plan. To learn more about how Federal Warranty Service Corporation, a member company of Assurant Solutions, use Your personal information, please visit the privacy policy page on our website at “www.assurantsolutions.com”. The purchase of a Plan is not required in order to obtain financing.
Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. We can cancel this Plan during the first sixty (60) days of an annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Plan by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) nonpayment of premium; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. Arbitration is deleted in its entirety. This Plan does not have a deductible. Washington only: Important Consumer Information: Obligations of the Service Contract Provider under this Plan are backed by the full faith and credit of the Service Contract Provider. If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of the Plan. The following statements have been added to the arbitration provision of Your Plan: “We” and “Us” shall mean the Provider identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities. Nothing in the section headed ‘Arbitration’ shall 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. Administrator/Provider is the entity that is responsible for the administration of the Plan which is Federal Warranty Service Corporation P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-864-8742. Provider Fee/Plan Purchase Price means the consideration paid by You for the Plan. Service Contract/Plan means a Plan which You have purchased for the Product described on the sales receipt. Service Contract Holder/You/Your means the person who is the purchaser or holder of the Plan as shown on the sales receipt. Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. who is contractually obligated to the Service Plan Holder under the terms of the Plan. You have a duty to protect against further damage and are required to comply with the owner’s manual.
Wisconsin only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Unauthorized repairs may not be covered.
Wyoming only: The Arbitration Provision of Your Plan is deleted. It is not applicable to You. Prior notice by Us is required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The purchaser may cancel this Plan within fifteen (15) days of the date of purchase. Administrator shall return one hundred percent (100%) of the purchase price, less an administrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00). Unauthorized repairs may not be covered. We will not deny or reduce a Claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify Us.
These Terms & Conditions apply to Staples Product Replacement Plans
STAPLES PRODUCT REPLACEMENT PLAN TERMS AND CONDITIONS
This Plan is not an insurance contract
To arrange for replacement of Your covered product under the Staples 1 Year Product Replacement Plan, You may call toll free 1-800-806-0555.
“You” and “Your” indicates the purchaser of this Service Plan, a resident of the United States. “We“, “Us”, and “Our” indicates the Obligor/Provider of this Plan. This Plan is an agreement between the Obligor/Provider of this Plan, Federal Warranty Service Corporation and You. However, if You live in Massachusetts, this Plan is an agreement between the Obligor/ Provider of this Plan, Staples, Inc. and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. If You live in Oklahoma, this Plan is an agreement between the Obligor/Provider of this Plan, Assurant Service Protection, Inc. and You, the purchaser. Federal Warranty Service Corporation is the administrator of this Plan in all states except Florida and Oklahoma. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC., and You, the purchaser. In Florida THIS PLAN IS ADMINISTERED BY UNITED SERVICE PROTECTION, INC. If You live in Oklahoma, the administrator of this Plan is Assurant Service Protection, Inc. P. O. Box 888050, Lawton, OK 73506-8050.
The obligations assumed under the terms of this Plan are fully insured at the date of sale by an Insurer rated “Excellent” by A.M. Best. You must present this document and Your sales receipt for any product replacement. The sales receipt You receive for the Plan coverage of the product shall become a part of the Plan. Refer to Your original sales receipt for the Plan term.
Product Eligibility: Covered product(s) must be purchased as new, manufactured for use in the United States and include a manufacturer’s original written warranty of at least 90 days of carry-in parts and labor coverage. This Plan commences upon the expiration of the shortest portion of the manufacturer’s limited warranty. This One-Year Product Replacement Plan is only available for products that were sold for less than $300, and in no event will it cover CPUs.
Refurbished Product Eligibility: A covered refurbished product must be manufactured for use in the United States and include an original written warranty of at least 90 days of carry-in parts and labor coverage. Refurbished products are not eligible for renewal coverage.
THIS SERVICE PLAN IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT DOES PROVIDE CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY.
Coverage: This Plan provides replacement coverage for product failures due to normal wear and tear in the year following the expiration of the shortest portion of Your manufacturer’s warranty. This Plan provides for replacement of the covered product with a new, rebuilt, or refurbished product of equal or similar features and functionality or, at Our option, We will either issue a Staples Cash Card, or provide a refund, equal to the original purchase price of the covered product. The Staples Cash Card may only be used in Staples stores and is not redeemable for cash or credit. Replacement of Your covered product or issuance of a Staples Cash Card, or payment of a refund for an amount, up to the current retail cost of a replacement product of equal or similar features and functionality shall fulfill this Plan in its entirety and cancel and discharge all further obligations under this Plan, where allowed by law. Should We replace Your covered product or issue a Staples Cash Card, the covered product shall become Our property. In such case, you may be required to return the covered product to Us at Your expense.
For Cell Phone Screen Replacement Coverage: One screen replacement over the life of the one-year term of Your Plan for Your Cell Phone is provided from date of product purchase. The one time replacement of Your screen does not fulfill the Plan in its entirety.
Important Consumer Information: If we fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a written claim directly against American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 800-852-2244, who insures Our obligations under this agreement. If Staples exchanges or You sell the product, You must advise Us in writing at P. O. Box 888050, Lawton, OK 73506-8050 within ten (10) days of the exchange or sale. The cancellation provisions of the Plan apply only to the original purchaser of the Plan, except in California and Oklahoma. This Plan may be transferred by You. Only We can modify this Plan. To learn more about how United Service Protection, Inc., Federal Warranty Service Corporation, Sureway, Inc., Assurant Service Protection, Inc., member companies of Assurant Solutions , use Your personal information, please visit the privacy policy page on our website at “www.assurantsolutions.com”.
Exclusions from Coverage: This Plan does not cover any loss or replacement necessitated by acts of God; accidental, consequential, incidental or intentional damage; spilled liquids; insect infestation; misuse, abuse or damage caused by non-authorized repair personnel; or preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to the issuance of the Plan. Also not covered are replacement costs for lost or consumable parts (knobs, remotes, cartridges, drums, etc.) and problems due to improper and/or non-factory authorized installation or repairs. This Plan does not cover products used for commercial, public rental or communal use in multi-family housing. This Plan does not cover loss or damage to stored data, repairs related to installed software, computer viruses, restoration of software to Your product or computer hardware that is added after the original purchase. This Plan does not cover “no problem found” diagnosis or any defects that are subject to a manufacturer’s program of reimbursement. You are responsible for backing up all software prior to commencement of any product replacement.
Disclaimer of Certain Liabilities: This Plan is not intended to create or limit any implied warranties concerning Your product, which may or may not exist under applicable law. Cancellation: You may cancel Your Plan within thirty (30) days of date of Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of 100% of the Plan purchase price, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us, P. O. Box 888050, Lawton, OK 73506-8050, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. The effective date of cancellation is the date We receive the request for cancellation. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to the Us.
Renewal: To inquire if renewal coverage is available, please call the toll free number listed in the Plan on or before the expiration date of this Plan. Renewal coverage is not available on refurbished products.
Arbitration: Read The Following Arbitration Provision (“Provision”) Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or damages Through Court Action.
As used in this Provision, You and Your mean the person or persons named in this Plan, and all of his/her heirs, survivors, assigns and representatives. And, We and Us shall mean the Obligor identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities.
Any and all Claims, disputes, or controversies of any nature whatsoever (whether in Plan, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission or other intentional tort, property, or equitable Claims) arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof;and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Plan (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA’s Rules and this Provision. You may obtain a copy of the AAA’s Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision. This Provision shall inure to the benefit of and be binding on You and Us and it shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Plan.
You 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.
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 Highland, California 95660, or you may visit their website at www.bear.ca.gov.
These special state disclosures apply if Your Plan was delivered to one of the following states and supersedes any other provisions herein to the contrary:
Alabama only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use.
Arizona only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. We will not cancel or void this Plan due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. We may cancel this Plan only in the event of fraud, material misrepresentation or non-payment by You. The following statement has been added to the arbitration provision of Your Plan: Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair Trade Practices as outlined by the Arizona Department of Insurance. To learn more about this process, you may contact the Arizona Department of Insurance at 2901 N. 44th Street, 2nd Fl., Phoenix, AZ 85018-7256, Attn: Consumer Affairs.
Arkansas only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. 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. The right to void this Plan is not transferable and applies to only to the original purchaser.
If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of this Plan.
California only: The Seller of this Plan is Staples, Inc., 500 Staples Drive, Framingham, MA 01702. Obligor under this Plan is Sureway, Inc., 11222 Quail Roost Drive, Miami, FL 33157. You may cancel this Plan after thirty (30) days from the date of Plan receipt by contacting the Administrator in the manner described above, and You will receive a pro rata refund of the Plan purchase price, less the cost of repairs made (if any), and less an administrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00).
Colorado only: Action under this Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or the Unfair Practices Act”, articles 1 and 2 of title 6, C.R. S. A party to this Plan may have a right of civil action under the laws, including obtaining the recourse or penalties specified in such laws.
Connecticut only: Your Plan term is automatically extended by the length of time in which the covered product is in Our custody for repair. If You have a dispute with Us, You may contact the State of Connecticut, Insurance Department, P.O. 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 only: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. f You cancel this Plan, You will receive a refund equal to ninety percent (90%) of the unearned pro rata purchase price less any Claims that have been paid or less the cost of repairs of the product. If We cancel the Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. Georgia only: If You purchase Your Plan in Georgia, You are entitled to cancel this Plan at any time. Cancellation will comply with Section 33-24-44 of the Georgia Code. Any refund owed in the event of cancellation shall be determined on the excess of the Plan purchase price above the customary short rate for the expired term of the Plan, and no Claim paid or incurred shall be deducted from any refund owed. We are also entitled to cancel this Plan at any time based upon fraud, misrepresentation, or failure to pay for the Plan, and notice of cancellation by Us will be given at least thirty (30) days prior to cancellation. Arbitration is deleted in its entirety.
Hawaii only: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. If You have a question or complaint, You may contact the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813.
Illinois only: The cancellation fee is equal to the lesser of ten percent (10%) of the Plan purchase price or fifty dollars ($50.00). Maryland only: The right to return (cancel) the Plan applies only to the original purchaser of the Plan. We will pay a penalty of 10% of the Plan purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Plan to us. “Purchase price” shall refer to the purchase price of the covered product(s) as shown on Your sales receipt.
Massachusetts only: This Plan is an agreement between the Obligor/ Provider of this Plan, Federal Warranty Service Corporation and You, the purchaser. You may, within twenty (20) calendar days of receipt, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, You will be refunded the full Purchase Price of 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. This provision applies only to the original purchaser of this Plan. You have a duty to protect against any further damage and are required to comply with the owner’s manual. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage.
Minnesota only: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Reliable Insurance Company, who insures our obligations under this Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244. You may cancel Your Plan within thirty (30) days of date of Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund or credit in the amount of 100% of the Plan purchase price. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us, P.O. Box 105687, Atlanta, GA 30348-5687, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less. The effective date of cancellation is the date We receive the request for cancellation. The right to void this Plan is not transferable and applies only to the original purchaser. 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 this Plan to us. We may cancel this Plan based on one or more of the following reasons: (A) non-payment of the Plan purchase price; (B) a material misrepresentation made by You; or (C) a substantial breach of duties by you. If we cancel this Plan for any of the above reasons, we will mail written notice of cancellation to you at least five (5) days prior to the effective date of cancellation. If we cancel this Plan for any other reason, we will mail written notice of cancellation to you at least fifteen (15) days prior to the effective date of cancellation stating the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan (and any tax You paid), less any claims paid. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. Arbitration: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.
Missouri only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. 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. The right to void this Plan is not transferable and applies to only to the original purchaser.
If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of this Plan. Nevada only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. If We are unable to repair Your product, replacement of Your covered product will be provided for with a store voucher or check equal to the original purchase price of the covered product. Refund of the original product purchase price will fulfill this agreement in its entirety and will cancel and discharge all further obligations under this Service Plan. With respect to each product covered under this Plan, Our liability is limited to the original retail purchase price You paid for such product. We may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: failure to pay the Plan purchase price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasing the Plan or obtaining service; the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel the Plan, You will be refunded the unearned pro rata purchase price of the Plan.
New Hampshire only: This Plan is not an insurance contract. In the event you do not receive satisfaction under this Plan, you may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416.
New Mexico only: The Administrator may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Plan purchase price; (b) the conviction of You of a crime which results in an increase in the service required under the Plan; (c) fraud or material misrepresentation by You in purchasing the Plan or obtaining service; (d) or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan. If the Administrator cancels, You will receive a refund equal to the unearned pro rata purchase price less the cost of any repairs made.
New York: You may cancel this Plan at any time after thirty (30) days from receipt and receive a pro rata refund of the purchase price less the value of any service received. Administrator is not required to mail You written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered property or its use.
North Carolina only: The purchase of a Plan is not required in order to obtain financing. Oklahoma only: NOTICE: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guarantee Association. Oklahoma service warranty statutes do not apply to commercial use in service warranty contracts. The cancellation provision is deleted and replaced with the following: Cancellation: You may cancel Your Plan within thirty (30) days of date of Plan receipt by returning the Plan to Your local Staples, Inc. In the event the Plan is cancelled by You within the first thirty (30) days of the effective date, and no claims have been paid, You will receive a full refund. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us, P. O. Box 888050, Lawton, OK 73506-8050, or by calling the toll free number noted in Your Plan. If You cancel the Plan after thirty (30) days, or have made a claim within the first thirty (30) days, return of purchase price shall be based upon ninety percent (90%) of the unearned pro rata purchase price, less the actual cost of any service provided under the Plan. We shall retain ten percent (10%) of the unearned pro rata purchase price or twenty-five dollars ($25.00), whichever is less. In the event the Plan is cancelled by Us, return of purchase price shall be based upon one hundred percent (100%) of unearned pro rata purchase price, less the actual cost of any service provided under the Plan. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to the Us.
South Carolina only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. You are responsible for providing normal household cleaning and any non-technical cleaning as described in Your manufacturer’s instruction manual for Your Personal Computer. This Plan does not provide coverage for pre-existing conditions. If You have a question, a complaint or Your Claim is not handled in a timely manner; You may contact the South Carolina Department of Insurance, P. O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (800) 768-3467.
Texas only: The definition of Administrator is amended to include the following: The Registration Number for Federal Warranty Service Corporation is 269. Cancellation is amended to include the following: Prior notice by Us is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The cancellation provisions of the Plan apply only to the original purchaser of the Plan. Important Consumer Information is deleted and replaced with the following: If You have a question or complaint, You may contact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, Texas 78711, (800) 803-9202 or (512) 463-6599. The obligations under this Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not paid within 60 days after proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the contract is canceled, You may apply directly to American Bankers Insurance Company of Florida. This Plan may be transferred by You. Only We can modify this Plan. To learn more about how Federal Warranty Service Corporation, a member company of Assurant Solutions, use Your personal information, please visit the privacy policy page on our website at “www.assurantsolutions.com”. The purchase of a Plan is not required in order to obtain financing.
Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. We can cancel this Plan during the first sixty (60) days of an annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Plan by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) nonpayment of premium; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. Arbitration is deleted in its entirety. This Plan does not have a deductible. If You need to contact the insurer, American Bankers Insurance Company of Florida, the toll free number is 1-800-852-2244.
Washington only: Important Consumer Information: Obligations of the Service Contract Provider under this Plan are backed by the full faith and credit of the Service Contract Provider. If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of the Plan. The following statements have been added to the arbitration provision of Your Plan: “We” and “Us” shall mean the Provider identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities. Nothing in the section headed ‘Arbitration’ shall 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. Administrator/Provider is the entity that is responsible for the administration of the Plan which is Federal Warranty Service Corporation P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-864-8742. Provider Fee/Plan Purchase Price means the consideration paid by You for the Plan. Service Contract/Plan means a Plan which You have purchased for the Product described on the sales receipt. Service Contract Holder/You/Your means the person who is the purchaser or holder of the Plan as shown on the sales receipt. Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. who is contractually obligated to the Service Plan Holder under the terms of the Plan. You have a duty to protect against any further damage and are required to comply with the owner’s manual.
Wisconsin only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Unauthorized repairs may not be covered.
Wyoming only: The Arbitration Provision of Your Plan is deleted. It is not applicable to You. Prior notice by Us is required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The purchaser may cancel this Plan within fifteen (15) days of the date of purchase. Administrator shall return one hundred percent (100%) of the purchase price, less an administrative fee of ten percent (10%) of the Plan price up to twenty-five dollars ($25.00). Unauthorized repairs may not be covered. We will not deny or reduce a Claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify Us.
These Terms and Conditions apply to the Staples Furniture Protection Plan
TERMS AND CONDITIONS
This Plan is not a contract of Insurance
To obtain Service on Your covered product under this Plan, call toll free 1-800-806-0555, and make Your selection. “You” and “Your” indicates the purchaser of this Service Plan (Plan), a resident of the United States. “We“, “Us”, and “Our” indicates the Obligor/Provider of this Plan. This Plan is an agreement between the Obligor/Provider of this Plan, Federal Warranty Service Corporation, and You, the purchaser. If You live in California, this Plan is an agreement between the Obligor/Provider of this Plan, Sureway, Inc., and You, the purchaser. If You live in Oklahoma, this Plan is an agreement between the Obligor/Provider of this Plan, Assurant Service Protection, Inc. and You, the purchaser. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, UNITED SERVICE PROTECTION, INC. and You, the purchaser. Federal Warranty Service Corporation, P. O. Box 888050, Lawton, OK73506-8050 is the administrator of this Plan in all states except Florida and Oklahoma THIS PLAN IS ADMINISTERED BY UNITED SERVICE PROTECTION, INC IN FLORIDA. If You live in Oklahoma, the dministrator of this Plan is Assurant Service Protection, Inc., P. O. Box 888050, Lawton, OK73506-8050. The obligations assumed under the terms of this Plan are fully insured at the date of sale by an Insurer rated “Excellent” by A.M. Best. You must present this document and Your sales receipt for any service under this Plan. The sales receipt You receive for the Plan shall become a part of the Plan. Refer to Your original sales receipt for the Plan term.
Product Eligibility: This Plan covers only products used primarily for personal, family or household purposes or in a small office or home office setting. Covered product(s) must be purchased as new, manufactured for use in the United States and include a manufacturer’s original written warranty of at least 90 days of carry-in parts coverage. THIS PLAN IS INCLUSIVE OF THE MANUFACTURER’S WARRANTY: THIS PLAN DOES NOT REPLACE THE MANUFACTURER’S WARRANTY. During the manufacturer’s warranty period, the manufacturer is responsible for items covered under its expressed warranty; and We will pay for other covered items herein, not covered by the manufacturer’s warranty. If You should call for service on an item covered under the manufacturer’s warranty, We will refer Your call to the manufacturer.
What Is Covered: If Your furniture requires repair, We, at Our option, may elect to repair Your covered product, or We may elect to replace Your covered product if We are unable to repair Your product or if the cost for repair may exceed the current retail replacement value of Your product. If We choose to repair Your covered product, any service performed shall consist of labor and parts necessary to restore Your product to “like new” condition. If We elect to replace Your covered product, We may elect to provide You with a Staples Cash Card settlement.
Furniture Coverage: Any damage must be reported to Us within 10 days of occurrence. We will repair upholstered, wood and metal furniture including seam separation; broken hardware and pulls; separation of joints and welds; cracks; peeling of veneers; broken hinges, casters, slides, drawer pull/guides or swivels; damaged mechanical elements (such as but not limited to recliners, motors, massagers, heaters and light fixtures); scratches; chips; gouges; cracking, warping or peeling of finish; breakage, chips and scratches to glass on tables, desks, wall units and cabinets through normal use and/or accidental breakage; and the breakage or chipping or loss of silvering to mirrors. Glass and mirror coverage not available in Massachusetts.
Fabric And Leather Coverage: If damage, including seam separation or peeling of topcoat finish, occurs to fabric or leather upholstery, We will make repairs in accordance with this Plan. If fabric or leather cannot be repaired, We will re-upholster the damaged area. However, We cannot guarantee exact color matches to fabric or leather due to differences in dye lots and natural grains.
Staples Cash Card Settlement Option: If We elect to replace Your covered product, We may elect to provide You with a Staples Cash Card settlement. The amount of the Staples Cash Card settlement shall not exceed the current retail cost of a replacement product of like kind and quality; and, such retail cost shall not exceed the retail purchase price You paid for the original covered product. Payment of a Staples Cash Card settlement will fulfill this Plan in its entirety and will cancel and discharge all further obligations under this Plan, where allowed by law. The amount of the Staples Cash Card settlement is determined by Us at Our sole discretion and is based on the current replacement cost of the covered product, the age of the covered product and the percentage by which it depreciates. In the event Your Plan covers more than one product that was sold as a set, coverage under the Staples Cash Card Settlement Option shall be limited to the individual damaged item within the set. For example, if Your hutch which is part of a desk set is damaged, the Staples Cash Card settlement will be applied to only the hutch. The Staples Cash Card may only be used at Staples, Inc. stores and is not redeemable for cash or credit.
Parts Non-Availability: In the event that replacement parts or matching fabric or leather needed for repair should become unavailable during the coverage period of the Plan, We shall be excused from performance hereunder and You shall receive a pro rata refund of the purchase price paid by You for the Plan, less claims paid, if any, where allowed by law. In no event shall We or the retailer be liable for any damages as a result of the unavailability of replacement parts or matching fabric or leather.
No-Lemon Policy: If Your product fails three times due to the same part(s) failure during the Plan term, after expiration of the manufacturer’s warranty period, We will replace the failed component with one of like quality or, at our option, elect a cash settlement pursuant to “Staples Cash Card Settlement Option” above. Such replacement or cash settlement shall constitute fulfillment of this Plan and will cancel and discharge all further obligations under this service Plan.
If You Need Service: Types of service and service location repairs will normally be performed at Your residence. If some of the work must be done at the repair center, We will reimburse You for the reasonable cost of transportation of Your product or component to the repair center. An adult (of legal age) must be present at the location when service will be performed at your residence.
Availability Of Service: Service shall normally be available and rendered during the regular working hours and workweek of product repair centers. Delays: We will exercise reasonable efforts in providing service under this Plan, but We shall not be liable for any damages arising out of delays and in no event shall We be liable for consequential damages. In the event Your repair requires more than 30 days to complete, the expiration date of Your Plan will be extended by the repair time in excess of 30 days. Parts: Materials furnished as replacements for parts will be drawn from Our service contractor’s inventory of new or rebuilt parts and components. These materials will be furnished under provisions of the manufacturer’s warranty while still in effect and then by Our service during the remainder of the term of coverage.
What Is Not Covered: This Plan does not provide coverage for rattan, wicker, plastic, or non-colorfast fabric; or inherent design defects including, but not limited to, natural inconsistencies in wood grains, fabrics, coloring or leathers; fading due to sunlight; or dust corrosion. This program does not cover normal wear and tear for upholstery or leather; springs; excessive loss of resiliency of pillows, shams and cushions; or puncture or tear of waterbed mattresses. Damage caused by transit, delivery, redelivery or movement, including damage caused by packing or unpacking product, is not covered by this Plan. This Plan does not cover stains, water marks or rings caused by consumable beverages, dyes, paints, bodily fluids, bleaches, incontinence, flooding, animals, rust, fire (including cigarette burns), smoke or other materials deemed by Us to be caustic. This Plan does not cover consumables. This Plan does not cover any recall program whether the Manufacturer is in business or not. Damage caused by improper assembly is not covered by this program. This plan does not cover any costs associated with the initial assembly or set-up of covered items. Services Not Covered: This Plan does not cover service, maintenance, repair or replacement necessitated by any loss or damage resulting from any cause other than normal usage (with the exception for accidental breakage of glass and mirrors as described in the Furniture Coverage section of this Plan) such as, but not limited to, loss or damage due to misuse, abuse, unauthorized repair by others; collision with any other object, improper use of electrical source or connection to other products not recommended by manufacturer for interconnection with the product; loss of damage resulting from failure to provide manufacturer’s recommended maintenance or inspection, add-on items or accessories, attachments, rust, corrosion, battery leakage, sand, dirt, insect infestation, damage or stains caused by animals, fire, water, windstorm, hail, earthquake, exposure to the sun or other heat source; exposure to the cold, theft, negligence, riot, or any other peril. This Plan does not cover preventive maintenance. This Plan does not cover claims arising from any breach of implied or expressed warranty of merchantability or fitness of the product from the manufacturer. Initial installation, assembly or hookup of Your product is not covered. Removal and reinstallation are not covered under this Plan, except as determined by Us.
What You Must Do: The purchaser must perform maintenance and minor adjustments explained in the manufacturer’s owner’s manual. Non-technical cleaning to provide a normal operating environment as described in the manufacturer’s instruction manual for the covered product is Your responsibility. You are to provide normal household cleaning for Your product. You will provide for periodic inspections as required by the original manufacturer’s warranty.
Products Not Eligible For Coverage: This Plan does not provide any service for products used for commercial or institutional purposes except when purchased for a small office or home office setting. This plan is only available for new products with manufacturer’s warranty or renewal of same. Limitation Of Liability: We shall not be held liable under any circumstances for any indirect, consequential or incidental damages, including loss or damage to person or property, arising from the use of, or inability to use, or from the repair or replacement of the product.
Renewals: We may, at Our option, renew the Plan; however, We are not obligated to offer You another Plan upon termination of this Plan or to accept a Plan order, in the event You tender one. Important Consumer Information: If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed with Us, the written claim can be submitted to American Bankers Insurance Company of Florida who insures Our obligations under this Plan, at the following address: 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244. If Staples, Inc. exchanges or You sell the product, You must advise Us in writing at P.O. Box 888050, Lawton, OK 73506-8050 within ten (10) days of the exchange or sale. The cancellation provisions of the Plan apply only to the original purchaser of the Plan, except in California. This Plan is transferable with Our written consent. Only We can modify this Plan. To learn more about how United Service Protection, Inc., Federal Warranty Service Corporation, Assurant Service Protection, Inc. or Sureway, Inc., member companies of Assurant Solutions, use Your personal information, please visit the privacy policy page on Our web site at “www.assurantsolutions.com”.
Cancellation: You may cancel Your Plan within thirty (30) days of date Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund in the amount of 100% of the Plan purchase price, less the cost of any repairs made, except as otherwise required by law. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at P. O. Box 888050, Lawton, OK73506-8050, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less, except as otherwise required by law. A ten percent (10%) penalty per month shall be added to a refund that is not made within thirty (30) days of return of the Plan to Us. The effective date of cancellation is the date We receive the request for cancellation. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid, except as otherwise required by law. If this Plan was inadvertently sold to You on a product, which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You.
Repeat Service: If Your product requires service more than once within a 60 day period, it must be completed by the original repair center.
Arbitration: ARBITRATION PROVISION. READ THE FOLLOWING ARBITRATION PROVISION (“PROVISION”) CAREFULLY. IT LIMITS CERTAINOFYOURRIGHTS,INCLUDINGYOURRIGHTTOOBTAINRELIEFOR DAMAGES THROUGH COURT ACTION.
As used in this Provision, You and Your mean the person or persons named in this Plan, and all of his/her heirs, survivors, assigns and representatives. And, We and Us shall mean the Obligor identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products, and all of the dealers, licensees, and employees of any of the foregoing entities.
Any and all Claims, disputes, or controversies of any nature whatsoever (whether in Plan, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable Claims) arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Plan (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA’s Rules and this Provision. You may obtain a copy of the AAA’s Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision. This Provision shall inure to the benefit of and be binding on You and Us and it shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Plan.
You 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.
These special state disclosures apply if Your Plan was delivered to one of the following states and supersedes any other provisions herein to the contrary:
Alabama only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. No claim incurred or paid shall be deducted from the amount of Your cancellation refund.
Arizona only: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. We will not cancel or void this Plan due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by Us or Our subcontractors. We may cancel this Plan only in the event of fraud, material misrepresentation or non-payment by You. For Arizona residents, arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration Provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair Trade Practices as outlined by the Arizona Department of Insurance. To learn more about this process, You may contact the Arizona Department of Insurance at 2910 N. 44th St., 2nd Fl., Phoenix, AZ 85018-7256, Attn: Consumer Affairs. Arkansas only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. 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. The right to void this Plan is not transferable and applies only to the original purchaser.
If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of this Plan. California only: The Seller of this Plan is Staples, Inc., 500 Staples Drive, Framingham, MA 01702. The Obligor under this Plan is Sureway, Inc., 11222 Quail Roost Drive, Miami, FL 33157. For California residents, the 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 Highland, California 95660, or You may visit their website at www.bear.ca.gov.
Colorado only: Action under this Plan may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act,” Articles 1 and 2 of Title 6, C.R.S. A party to this Plan may have a right of civil action under these laws, including obtaining the recourse or penalties specified in such laws.
Connecticut only: Your Plan term is automatically extended by the length of time in which the covered product is in Our custody for repair. If You have a dispute with Us, You may contact the State of Connecticut, Insurance Department, P.O. 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 only: The rate charged for this Plan is not subject to regulation by the Florida Office of Insurance Regulation. If You cancel this Plan, You will receive a refund equal to 90% of the unearned pro rata purchase price of the Plan, less any claims that have been paid. If We cancel this Plan, You will receive one hundred percent (100%) of the unearned pro rata purchase price of the Plan. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction.
Georgia only: If You purchase Your Plan in Georgia, You are entitled to cancel this Plan at any time. Cancellation will comply with Section 33-24-44 of the Georgia Code. Any refund owed in the event of cancellation shall be determined on the excess of the Plan purchase price above the customary short rate for the expired term of the Plan, and no claim paid or incurred shall be deducted from any refund owed. The Administrator is also entitled to cancel this Plan at any time based upon fraud, misrepresentation, or failure to pay for the Plan, and notice of cancellation by the Administrator will be given at least thirty (30) days prior to cancellation. The arbitration Provision is deleted in its entirety.
Hawaii only: Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use.
If You have a question or complaint, You may contact the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813. Illinois only: The cancellation fee is equal to the lesser of ten percent (10%) of the Plan purchase price or fifty dollars ($50.00).
Maine only: “Purchase price” shall refer to the purchase price of the covered product(s) as shown on Your sales receipt. This Plan does not provide coverage for preexisting conditions. Maryland only: The right to return (cancel) the Plan applies only to the original purchaser of the Plan. “Purchase price” shall refer to the purchase price of the covered product(s) as shown on Your sales receipt. Massachusetts Residents: This Plan is not an insurance policy. However, Our obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. If We fail to perform or make payment under the terms of the Plan within sixty (60) days after You request performance or payment, You may apply directly to American Bankers Insurance Company of Florida. Please call 1-866-306-6694 for instructions. You have the right to return or void this Plan. You may return the Plan within twenty (20) calendar days after the date We mail a copy of the Plan to You or within ten (10) days if it is provided to You at the time of sale. If You return this Plan within the applicable time period and no Claims have been filed, the Plan shall be void and We will refund the entire Plan Price within forty-five (45) days. A 10% penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of this Plan to Us. This provision applies only to the original purchaser. You have a duty to protect against any further damage and are required to comply with the owner’s manual. This Plan does not provide coverage for preexisting conditions. This Plan does not have a deductible. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. Under Furniture Coverage the following is deleted: Glass and mirror coverage not available in Massachusetts.
Minnesota Residents: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with Us, the claim can be submitted to American Reliable Insurance Company, who insures our obligations under this Plan, at the following address 11222 Quail Roost Drive, Miami, FL 33157, or call the Toll Free number at 1-800-852-2244. You may cancel Your Plan within thirty (30) days of the date on the Plan receipt by returning the Plan to Your local Staples, Inc. store and receive a refund or credit in the amount of 100% of the Plan purchase price. 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 this Plan to us. The right to void this Plan is not transferable and applies only to the original purchaser. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at P.O. Box 105689, Atlanta, GA 30348-5689, or by calling the toll free number noted in Your Plan. You will receive a pro rata refund of the Plan purchase price, less the cost of claims paid (if any), and less an administrative fee, not to exceed ten percent (10%) of the Plan price, or twenty-five dollars ($25.00), whichever is less. The effective date of cancellation is the date We receive the request for cancellation. We may cancel this Plan based on one or more of the following reasons: (A) non-payment of the Plan purchase price; (B) a material misrepresentation made by You; or (C) a substantial breach of duties by you. If we cancel this Plan for any of the above reasons, we will mail written notice of cancellation to you at least five (5) days prior to the effective date of cancellation. If we cancel this Plan for any other reason, we will mail written notice of cancellation to you at least fifteen (15) days prior to the effective date of cancellation stating the reason for cancellation. You will be refunded the unearned pro rata purchase price of this Plan, less any claims paid. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. Arbitration: Any arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and Federal Warranty Service Corporation.
Missouri only: The obligations under this Plan are insured by a policy of Insurance issued by American Bankers Insurance Company of Florida, at the following address 11222 Quail Roost Drive, Miami, FL 33157. In the event that any covered service is not paid within sixty (60) days after proof of loss has been filed, including a claim for a refund of the unearned purchase price, or We cease to do business or go bankrupt, You may apply directly to American Bankers Insurance Company of Florida. You may return this Plan within twenty (20) calendar days of receipt of this Service Plan or ten (10) days if the Plan is delivered at the time of sale. Upon return of the Plan within the applicable time period, if no claim has been made under the Plan, We shall refund to You the full purchase price. 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. The right to void this Plan is not transferable and applies to only to the original purchaser.
If You have an emergency that does not fall within normal business hours, please contact Us at the toll free number listed at the top of this Plan. Nevada only: The Parts-Non-Availability and No Lemon Policy provisions of the Plan are deleted in their entirety. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. If We are unable to repair Your product, replacement of Your covered product will be provided for with a store voucher or check equal to the original purchase price of the covered product. Refund of the original product purchase price will fulfill this agreement in its entirety and will cancel and discharge all further obligations under this Plan. With respect to each product covered under this Plan, Our liability is limited to the original retail purchase price You paid for such product. We may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: failure to pay the Plan purchase price; the conviction of You of a crime which results in an increase in the service required under the Plan; fraud or material misrepresentation by You in purchasingthePlanorobtainingservice;thediscoveryofanactoromission,ora violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan; or a material change in the nature or extent of the service required under the Plan which occurs after the purchase of the Plan and substantially and materially increases the service required beyond that contemplated at the time of purchase. If We cancel the Plan, You will be refunded the unearned pro rata purchase price of the Plan.
New Hampshire only: In the event You do not receive satisfaction under this Plan, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301, (800) 852-3416.
New Mexico only: The Administrator may not cancel this Plan once it has been in effect for seventy (70) days, except under the following conditions: (a) failure to pay the Plan purchase price; (b) the conviction of You of a crime which results in an increase in the service required under the Plan; (c) fraud or material misrepresentation by You in purchasing the Plan or obtaining service; (d) or the discovery of an act or omission, or a violation of any condition of the Plan by You which substantially and materially increases the service required under the Plan. If the Administrator cancels, You will receive a refund equal to the unearned pro rata purchase price less the cost of any repairs made.
New York: Administrator is not required to mail You written notice if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation, or a substantial breach of duties by You relating to the covered property or its use.
North Carolina only: The purchase of a Plan is not required in order to obtain financing. The Administrator may not cancel this Plan except for non-payment by You, or for violation of any of the terms and conditions of this Plan.
Ohio only: The obligations under this Plan are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157, 800-852-2244. If We fail to perform or make payment due under the terms of the Plan within sixty (60) days after You request performance or payment, You may submit a claim directly to American Bankers Insurance Company of Florida. Oklahoma only: NOTICE: Coverage afforded under this Plan is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use in service warranty contracts. The cancellation provision is deleted and replaced with the following: Cancellation: You may cancel Your Plan within thirty (30) days of the date on the Plan receipt by returning the Plan to Your local Staples, Inc. In the event the Plan is cancelled by You within the first thirty (30) days of the effective date, and no claims have been paid, You will receive a full refund. You may cancel Your Plan after thirty (30) days from date of Plan receipt by mailing Your cancellation request to Us at, P. O. Box 888050, Lawton, OK 73506-8050, or by calling the toll free number noted in Your Plan. If You cancel the Plan after thirty (30) days, or have made a claim within the first thirty (30) days, return of the purchase price shall be based upon ninety percent (90%) of the unearned pro rata purchase price, less the actual cost of any service provided under the Plan. We shall retain ten percent (10%) of the unearned pro rata purchase price or twenty-five dollars ($25.00), whichever is less. In the event the Plan is cancelled by Us, return of the purchase price shall be based upon one hundred percent (100%) of unearned pro rata purchase price, less the actual cost of any service provided under the Plan. If We must cancel this Plan, You will be provided with a written notice at least thirty (30) days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. If this Plan was inadvertently sold to You on a product which was not intended to be covered by this Plan, We will cancel this Plan and return the full purchase price of the Plan to You. A ten percent (10%) penalty per month shall be added to a refund that is not made by Us within thirty (30) days of Your return of the Plan to the Us.
South Carolina only: The Important Consumer Information provision of Your Plan is amended to include the following: You are responsible for providing normal household cleaning and any non-technical cleaning as described in Your manufacturer’s instruction manual for the covered product. If You have a question, a complaint or Your claim is not handled in a timely manner, You may contact the South Carolina Department of Insurance, P. O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (800) 768-3467.
Texas only: The third paragraph is amended to include the following: The Registration Number for Federal Warranty Service Corporation is 269. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use. The obligations under this Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, 11222 Quail Roost Drive, Miami, FL 33157. In the event any covered service is not paid within 60 days after proof of loss has been filed, or if a refund or credit is not paid before the 46th day after the date on which the contract is canceled, You may apply directly to American Bankers Insurance Company of Florida. If You have a question or complaint, You may contact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, Texas 78711, (800) 803-9202 or (512) 463-6599. The purchase of this Service Plan is not required in order to obtain financing.
Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. This Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. We can cancel this Plan during the first sixty (60) days of an annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation. We can also cancel this Plan during such time period for nonpayment of premium by mailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Plan by mailing a cancellation notice to You at least thirty (30) days prior to the effective date of cancellation for cancellations due to any of the following reasons: (a) nonpayment of premium; (b) material misrepresentation; (c) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Plan; or (d) substantial breach of contractual duties, conditions, or warranties. This Plan does not provide coverage for preexisting conditions for any covered component or defect that is subject to neglect, abuse or damage prior to issuance of the Plan. The arbitration Provision is deleted in its entirety. This Plan does not have a deductible. The single pay Plan purchase price is included on the sales receipt You received for the Plan coverage. Refer to Your original sales receipt for the purchase price. The Furniture Coverage section is amended to include the following: Your failure to submit repair orders and other documentation within ten (10) days of the repair will not automatically invalidate Your request for repair if You can demonstrate that it was not reasonably possible to submit such documents within such time period. The Toll Free claims service telephone number of reimbursement insurer is 800-852-2244.
Washington only: Obligations of the Service Contract Provider under this Contract are backed by the full faith and credit of the Service Contract Provider. The phone number listed to obtain service is available 24 hours, 7 days a week. “We” and “Us” shall mean the Provider identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, any retailer or distributor of its products and all of the dealers, licensees and employees of any of the foregoing entities. Nothing in the arbitration Provision shall 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. Admin- istrator/Provider is the entity that is responsible for the administration of the Plan which is Federal Warranty Service Corporation P.O. Box 105689, Atlanta, GA 30348-5689, 1-866-864-8742. Provider Fee/Plan Purchase Price means the consideration paid by You for the Plan. Service Contract/ Plan means a Plan which You have purchased for the product described on the sales receipt. Service Contract Holder/You/Your means the person who is the purchaser or holder of the Plan as shown on the sales receipt. Service Contract Provider/We/Us/Our means Federal Warranty Service Corp. who is contractually obligated to the Plan holder under the terms of the Service Plan. You have a duty to protect against any further damage and are required to comply with the owner’s manual. This Plan does not provide coverage for preexisting conditions.
Wisconsin only: THIS WARRANTY IS SUBJECT TO LIMITED REGU- LATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. Unauthorized repairs may not be covered. Wyoming only: The arbitration Provision of Your Plan is deleted. It is not applicable to You. Prior notice of cancellation is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered product or its use.