Obligations under the Plan are backed by the full faith and credit of the Obligor. See section 7 for Obligor.

Transcription

1 KENMORE SERVICE & REPLACEMENT PLAN TERMS AND CONDITIONS The Kenmore Service & Replacement Plan (herein after referred to as the Plan or Agreement ) is a legal contract that describes the terms and conditions of the Plan that you have purchased. Please retain this document along with your receipt as proof of ownership. Your receipt is an integral part of this contract and indicates the length of coverage and the type of Plan that you purchased and should be kept with the Plan brochure. THIS IS NOT A CONTRACT OF INSURANCE. Obligations under the Plan are backed by the full faith and credit of the Obligor. See section 7 for Obligor. The term Plan or Agreement refers to the Replacement Plan or the Service Plan. The term Covered Product refers to the product that the Plan was purchased to cover. The term Comparable Product means a new or remanufactured product of like kind and quality that performs to the factory specifications of the original product. The term Return Period means thirty (30) days after the purchase date of a Covered Product. The terms you and your refer to the purchaser of this Agreement. The terms we, us and our refer to the Obligor. The sections immediately following this paragraph apply to both Plans. For additional details specific to each Plan please refer to the terms and conditions under each Plan type below. Your sales receipt indicates which Plan you purchased. Please read these terms and conditions carefully to understand your rights and our obligations under the Plan. Certain limitations apply. See Section 3 for coverage exclusions. Please refer to the state specific section at the end of this contract as the laws of your state may provide you with additional rights. Customers that have more than one of the same product, must purchase separate coverage for each product. 1. DEDUCTIBLE: There is no deductible for services covered under this Plan. 2. TO OBTAIN REPLACEMENT OR SERVICE: REPLACEMENT PLAN: If your Covered Product experiences a breakdown during the Return Period, return it for a refund or exchange. If your Covered Product experiences a breakdown after the expiration of the Return Period, go to protection.kenmore.com or call to process your claim in accordance with the terms and conditions of the Plan. SERVICE PLAN: If your Covered Product experiences a breakdown during the Return Period, return it for a refund or exchange. If the period for returns has expired and the Covered Product is still covered under the manufacturer s warranty period, contact the manufacturer for service. If your Covered Product experiences a breakdown after the expiration of the manufacturer s warranty period, go to protection.kenmore.com or call MY-HOME to process your claim in accordance with the terms and conditions of the Plan. We reserve the right to determine whether a Covered Product will be repaired or replaced. Repairs will be performed by a qualified service technician designated by us. 3. COVERAGE EXCLUSIONS THE PLAN DOES NOT COVER: a) Products located outside the United States, Puerto Rico Guam or U.S. Virgin Islands. b) Commercial Use. c) Preventive Maintenance or periodic check-ups.

2 d) Covered Products with altered, illegible or missing model and serial number. e) Unauthorized repairs or replacements, modifications or alterations. f) Accessories or attachments such as, but not limited to, pedestals, TV stands, 3D glasses, cosmetic defects or damage. Expendable items such as, but not limited to: filters, bulbs, vacuum cleaner bags, belts, fluids (gasoline, oil, etc.) batteries (except for rechargeable), knobs, ink & printer cartridges, saw blades and other operating supplies and consumable items. g) Repair or replacement of any Covered Product which is damaged or malfunctioning due to causes beyond our control including, but not limited to, repairs necessitated by operator or owner negligence such as the failure to maintain the Covered Product according to the owner s manual instructions, accidental damage, abuse, misuse, vandalism, theft, mold, mildew, rust, corrosion, animal or insect infestation, damage caused by lightning and other acts of nature such as floods, tornadoes, hurricanes etc. h) Replacement of any Covered Product will not be authorized for product mismatch, product upgrades. i) The following computer equipment: Cracked or physically damaged screens Any software, including, but not limited to, application programs, databases, files, source codes, object codes, viruses or proprietary data or any support, configuration, installation or reinstallation of any software or data. You are responsible for backing up copies of all your data and software on a regular basis. Hardware upgrade. Hardware upgrades include memory, hard disk drive, and multimedia products. 4. TRANSFERABILITY: Your Plan may be transferred to a subsequent owner of the Covered Product. There are no restrictions provided your Plan is valid. To transfer ownership of the Plan, call MY- HOME. Information provided by you must include the date of transfer, new owner's name, complete address and telephone number. 5. CANCELLATION AND REFUND: The Plan can be cancelled by you for any reason. You may cancel your plan within the Return Period by calling MY-HOME or by mailing written notice of cancellation to: Cancellation Services, P.O. Box 888, Elgin, IL Please enclose a copy of the sales receipt with your written request. If the Plan is cancelled by you or us: During anytime within the Return Period or during the manufacturer s labor warranty period (whichever occurs last) you will receive a 100% refund of the total price paid for the Plan as shown on your sales receipt, including a sales tax allowance, provided no service has been performed. After the expiration of the Return Period or after the expiration of the manufacturer s labor warranty period (whichever occurs last), excluding warranties covering component parts of the Covered Product, we will refund the total price allocable to the remainder of the term of the Plan prorated on a monthly basis. If service was provided on the Covered Product prior to your request for cancellation, we will deduct the cost of services from your refund. The Plan may be cancelled by us for fraud or material misrepresentation. Unauthorized repair or replacement of the Covered Product may result in the cancellation of the Plan by us. Any refund will be made in the same form as the original method of payment. If more than one payment method was used, any refund will be applied in the following order: Third-party credit card and cash/check. AT NO TIME WILL THE AMOUNT OF A REFUND EXCEED THE VALUE OF THE TOTAL PRICE PAID FOR THIS AGREEMENT.

3 6. LIMITATION OF LIABILITY: EXCEPT AS STATED IN SECTION 15 BELOW AND EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW, WE AND OUR AGENTS, CONTRACTORS OR LICENSEES ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF COVERED PRODUCT OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF COVERED PRODUCT, DELAYS IN SERVICING, AVAILABILITY OF PRODUCTS INCLUDING PARTS OR THE INABILITY TO SERVICE ANY COVERED PRODUCT. THE OBLIGATIONS OF THE OBLIGOR UNDER THIS AGREEMENT TO YOU FOR MONETARY RECOVERY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE COVERED PRODUCT. 7. OBLIGOR: The Company obligated under the Plan is Sears Protection Company ( SPC ) whose address is 3333 Beverly Road, Hoffman Estates, IL 60179, in all states except Florida and Puerto Rico. In the state of Florida, the Obligor is Sears Protection Company (Florida), L.L.C. whose address is 3333 Beverly Road, Hoffman Estates, IL and in Puerto Rico the Provider is Sears Protection Company (PR), Inc. whose address is 9410 Los Romeros Avenue, San Juan, PR In addition to the provisions above, the following Protection Plans also include the following coverage benefits and limitations: REPLACEMENT PLAN 8. LENGTH OF COVERAGE: This Plan coverage begins on the first (1st) day after the expiration of the Return Period. Refer to your sales receipt for the plan term that you purchased. 9. COVERAGE FOR REPLACEMENT: If your Covered Product experiences a breakdown, at our option we will issue a check, equal to the original purchase price of the Covered Product as indicated on your sales receipt, including a sales tax allowance or we will provide you with a Comparable Product replacement as determined by us. At our expense, we may require you to ship to us the original Covered Product or a related component prior to receiving a replacement product or check. We will provide you with shipping labels and instructions on where to send the return. Technological advances may result in a replacement product with a lower selling price than the original product. 10. RENEWAL: The Replacement Plan is not renewable. SERVICE PLAN 11. LENGTH OF COVERAGE: This Plan coverage begins at the time of purchase. Refer to your sales receipt for the plan term that you purchased. 12. LIMIT OF COVERAGE: For any single claim, the limit of coverage under the Plan is the lesser of the cost of: Authorized repairs, Replacement with a product with similar features, Reimbursement for authorized repairs or replacement or The original purchase price of the Covered Product. The total coverage under the Plan is the original purchase price you paid for the Covered Product as indicated on your sales receipt including a sales tax allowance. In the event that we replace the Covered Product or the total of all authorized repairs exceeds the original product purchase price, we will have fulfilled all obligations owed under the Plan and coverage will end.

4 13. COVERAGE FOR REPAIRS: We will directly pay on your behalf the cost of parts and services that are needed to maintain the proper operating condition of your Covered Product. We will either provide for the repair of your Covered Product or reimburse you for authorized repairs to the Covered Product. Repair service will be performed by a qualified repair technician designated by us. Any service performed, modification or alteration of the Covered Product without our authorization will not be covered by the Plan. Covered Products must have a legible model and serial number. Parts will be replaced with those of like kind and quality and may be new or remanufactured. Non-original manufacturer s parts may be used for repair if the manufacturer s parts are unavailable or more costly. If the Covered Product is covered by an in-home plan, at our expense, we may transfer the Covered Product from your home to a specialized facility in order to complete the repair. If we determine that we cannot service your Covered Product, we may, at our option, replace it with a Comparable Product or we may, at our option issue you a check for the original purchase price of the Covered Product as indicated on your sales receipt, including a sales tax allowance. 14. NO LEMON POLICY FOR CONSUMER ELECTRONICS AND MAJOR APPLIANCES: After three (3) service repairs have been completed on an individual product, for the same defect, and that individual product requires a fourth (4th) repair, as determined by us, we will replace it with a product of comparable performance not to exceed the Covered Product s original purchase price, or issue a check, equal to the original product purchase price as indicated on your sales receipt, including sales tax. Replacement products may be new or rebuilt to meet the manufacturer s specifications of the original product at our discretion. Technological advances may result in a replacement product with a lower selling price than the original product. Preventative maintenance checks, cleanings, product diagnosis and customer education are not considered repairs for the purposes of the No Lemon Policy. 15. FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS: Within any continuous twelve (12) month period during the Term of this Plan we will reimburse you up to $150 for any food spoilage that is the result of a mechanical failure of the Covered Product. The mechanical failure must be verified by us. You must file your food loss claim within fourteen (14) days from the date of the reported loss. 16. RENEWAL: No party is obligated to renew this Plan beyond the expiration date of the Term. The total price for the Service Plan may change upon renewal. By purchasing this Plan, you agree that we may call you to notify you of renewal. To renew coverage call MY-HOME. STATE SPECIFIC EXCEPTIONS ALABAMA CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. ARKANSAS CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the Cancellation and Refunds provision above, Arkansas residents will receive fifteen (15) days prior written notice of cancellation for reasons other than for nonpayment, material misrepresentation or substantial breach of duties. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. CALIFORNIA CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.

5 FLORIDA CUSTOMERS. Rates are not subject to regulation by the Office of Insurance Regulation. GEORGIA CUSTOMERS. Notwithstanding the CANCELLATION AND REFUND section, we will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amounts due under this Agreement. We will mail to you a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Obligor will not provide services under this Agreement if poor accessibility or unsafe working conditions exist, but these conditions are not grounds for cancellation. Refunds made within thirty (30) days will be for 100% of the total price paid, with no deductions for service. Refunds made after thirty (30) days will be a pro-rata refund with no deduction for services. Nothing contained in any provision elsewhere in this Agreement will affect your right to make a claim directly against Safeco Insurance Company of America if we fail to pay any valid claim within sixty (60) days. The claim should be sent to Safeco Insurance Company of America, Safeco Plaza, Seattle, WA or (847) INDIANA AND WEST VIRGINIA CUSTOMERS. This Agreement is not an insurance policy and is not regulated by the Departments of Insurance. IOWA CUSTOMERS. Obligor is subject to regulation by the insurance division of the Iowa Department of Commerce. Complaints that are not settled by us may be sent to the insurance division. KENTUCKY AND VIRGINIA CUSTOMERS. If we fail to pay any valid claim within sixty (60) days of proof of loss, you may make a claim directly against Safeco Insurance Company of America, Safeco Plaza, Seattle, WA MINNESOTA CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the Cancellation and Refund provision above, Minnesota residents will receive five (5) days prior written notice of cancellation if for reason of nonpayment, material misrepresentation or substantial breach of duties or at least fifteen (15) days for all other reasons. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. NEVADA CUSTOMERS. The cancellation of this Agreement by us is not effective until at least fifteen (15) days after the notice of cancellation is mailed to you. A 10% penalty per month shall be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. Refunds made within thirty (30) days will be for 100% of the total price paid, with no deductions for service. Refunds made after thirty (30) days will be a pro-rata refund with no deductions for service. Unauthorized repairs or replacement of the Covered Product are not covered by this Plan, but is not a condition for cancellation. Pre-existing conditions are not covered under these Plans. NEW HAMPSHIRE CUSTOMERS. In the event that you do not receive satisfaction under this Agreement, you may contact the New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301; telephone ; consumerinquiries@ins.nh.gov. NEW MEXICO CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.

6 NEW YORK CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund. NORTH CAROLINA CUSTOMERS. Upon cancellation a reasonable administrative fee not to exceed 10% of the pro rata refund may be charged. Obligor must notify the consumer before the purchase of this Agreement that its purchase is not necessary in order to purchase or obtain financing of the Covered Product. SOUTH CAROLINA CUSTOMERS. Any questions concerning the regulation of us under this Agreement or any unresolved complaints (within sixty (60) days of proof of loss) may be directed to the South Carolina Department of Insurance P.O. Box Columbia, South Carolina or (800) A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days after the cancellation of the Agreement to the provider. TEXAS CUSTOMERS. Any questions concerning the regulation of us under this Agreement or any unresolved complaints may be directed to the Texas Department of Licensing and Regulations - P.O. Box Austin, Texas or (512) UTAH CUSTOMERS. Coverage under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. In the event of cancellation of this Agreement by Obligor in accordance with the Cancellation and Refund provisions above, Utah residents will receive thirty (30) day prior written notice of cancellation. WASHINGTON CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the Cancellation and Refund provision above, Washington residents will receive twenty-one (21) days prior written notice of cancellation for reasons other than for nonpayment, material misrepresentation or substantial breach of duties. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. WISCONSIN CUSTOMERS. If we fail to pay any valid claim within sixty (60) days, you may make a claim directly against Virginia Surety Company, Inc North Milwaukee Avenue, Glenview, Illinois THIS AGREEMENT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE WISCONSIN COMMISSIONER OF INSURANCE. Wisconsin law may provide you with additional rights including those in Wis. Stat (1) which provides: Timeliness of Notice. Provided notice or proof of loss is furnished as soon as reasonably possible and within one year after the time it was required by the policy, failure to furnish such notice or proof within the time required by the policy does not invalidate or reduce a claim unless the insurer is prejudiced thereby and it was reasonably possible to meet the time limit. Notwithstanding the Cancellation section above, this Plan will not deduct from your refund the cost of services provided. WYOMING CUSTOMERS. We will mail a written notice to the service contract holder at least ten (10) days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider or a substantial breach of duties by the service contract holder relating to the covered product or its use. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund. Sears Protection Company, Obligor, 3333 Beverly Road, Hoffman Estates, IL 60179

7 Sears Protection Company (Florida), L.L.C, Obligor, 3333 Beverly Road, Hoffman Estates, IL Sears Protection Company (PR), Inc., Provider, 9410 Los Romeros Avenue, San Juan, PR National AKSP Sep2017 form #17/KA