Product Replacement Plan

Terms and Conditions

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 (Plan), a resident of the United States. "We", "Us", and "Our" indicates the Obligor/Provider of this Plan.1 This Plan is an agreement between the Obligor/Provider of this Plan, Federal Warranty Service Corporation and You, the purchaser. 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. Federal Warranty Service Corporation, P. O. Box 888050, Lawton, OK 73506-8050 is the administrator of this Plan in all states except Florida. If You live in Florida, this Plan is an agreement between the Obligor/Provider of this Plan, AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, and You, the purchaser. In Florida THIS PLAN IS ADMINISTERED BY AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA.

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 CPU's.

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, who insures the 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. This Plan may be transferred by You. Only We can modify this Plan. To learn more about how American Bankers Insurance Company of Florida, Federal Warranty Service Corporation, Sureway, Inc., member companies of Assurant Group, use Your personal information, please visit the privacy policy page on our website at "www.assurant.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 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 (knobs, remotes, cartridges, drums, etc.) and problems due to improper and/or nonfactory authorized installation or repairs. 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 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 omissionor 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 ProSvision 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.

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.

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: 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. Arbitration is deleted in its entirety.

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.

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.

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: THE PLAN IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE COMPANY MARKETING THE PRODUCT. THIS PLAN WILL NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. The Cancellation provision of Your Plan is deleted in its entirety and amended to include the following: If You cancel the Plan, You shall receive a refund equal to ninety percent (90%) of the unearned pro rata purchase price, less any claims paid or the cost of any repairs made. If We cancel this Plan, You shall receive a refund equal to one hundred percent (100%) of the unearned pro rata purchase price of the Plan.

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 nontechnical 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: 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 it's 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 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 returned to Us, You may apply directly to American Bankers Insurance Company of Florida.

Utah only: Coverage afforded under the Plan is not guaranteed by the Property and Casualty Guaranty Association. 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: In the event We cancel the Plan, We will mail a written notice to You at Your last known address at least twenty-one (21) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation. You are not required to wait sixty (60) days before filing any claim covered by this Plan with the insurance company identified above. 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.

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