DEFINITIONS: “You” and “Your” indicates the purchaser of this service contract or the person to whom it was properly transferred. “We”, “Us”, and “Our” indicate the issuing Dealer, the company obligated under this service contract in all states, except as otherwise indicated in the individual state disclosures below.  If You live in AL, AZ, NV, UT or WY BWG Protection Plans, Inc., 360 Central Ave., St. Petersburg, FL  33701 is the Administrator of this service contract. If You live in HI, BWG Protection Plans, 360 Central Ave., St. Petersburg, FL  33701 is the Administrator of this service contract.  If You live in NY, VAC Service Corporation, P.O. Box 730, Middletown, NY 10940 is the Administrator of this service contract.  If You live in FL, VAC Service Corporation of Florida, Inc., P.O. Box 730, Middletown, NY 10940, is the Administrator of this service contract.  In all other states, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL  33701, is the Administrator of this service contract.  “Service Contract” indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt constitute the entire agreement. Rights under this Service Contract may vary from state to state.

Term and Coverage: The term of the Service Contract commences at the date indicated on the face of this Service Contract and/or Your purchase receipt.  For Service Contracts that commence on the date of purchase of the eligible product, the term and coverage is inclusive of the manufacturer's warranty. This Service Contract does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. After the manufacturer's warranty expires, this Service Contract continues to provide the manufacturer's benefits as well as certain additional benefits listed within this Service Contract. For Service Contracts that commence upon expiration of the manufacturer's original warranty, the term and coverage commence upon expiration of the shortest portion of the manufacturer's original warranty. This Service Contract does not have a deductible. ALL CLAIMS MUST BE REPORTED PRIOR TO THE EXPIRATION DATE OF THE SERVICE CONTRACT. 

If You Need Service: Call 1-800-431-5843 and have Your Service Contract number available. Service will be available 24 hours a day, 7 days a week. The Administrator may perform a telephone diagnosis of the product failure. If Your covered product is deemed defective, at the Administrator's sole determination, You will be instructed as to the procedures for obtaining service applicable to Your covered product. You may be asked to provide proof of purchase as a condition for receiving service under this Service Contract.

Your original purchase receipt is made a part of this service contract and should be kept with this SERVICE Contract in a safe place. 

What Is Covered: Subject to these terms and conditions, this Service Contract provides coverage for Your eligible product for mechanical and electrical failures that occur during normal use and operation in accordance with the manufacturer's written specifications. Your product must be readily accessible in order for service to be performed. The Service Contract provides coverage only for the product(s) listed on the face of this Service Contract and/or purchase receipt.

Power Surge Protection: This Service Contract protects against operational or mechanical failure of a covered product resulting from a power surge while properly connected to a surge protector approved by the Underwriter's Laboratory. Your surge protector may be collected by the Administrator for examination.  For Major Appliances, Fitness Equipment and Electrically powered Lawn and Garden equipment such as refrigerators, washing machines, clothes dryers, dishwashers, vacuum cleaners, treadmills, steppers, exercise bicycles, elliptical trainers, lawn mowers and trimmers; the use of an approved surge protector is not required in order to receive benefits under the surge protection feature of this Service Contract.

NO LEMON COVERAGE: If after the manufacturer's warranty period expires, Your covered product fails three (3) times due to the same parts failure, on an individual product, and that product requires a fourth repair, as determined by the Administrator, the Administrator may replace the failed product with a product of like kind and similar features or the Administrator may elect to pay You a cash settlement.  The cash settlement amount shall not exceed the depreciated value of the covered product in operating condition at the time of the claim excluding taxes and shipping charges.  You may be required to return the original defective product to Us at Your expense. Replacement of a covered product or payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law. Preventative maintenance checks, cleanings, product diagnosis, customer education, accessory repairs or replacements are not considered repairs for the purposes of the No Lemon Coverage.

Types of Service and Service Location: In the event that You purchased In-Home/On-Site service as indicated on the face of this Service Contract and/or Your purchase receipt, repairs will normally be performed at Your residence. In the case that some work must be completed at the repair center, the Administrator will reimburse You for transportation or shipping of Your product or component to the repair center.  If You live beyond a thirty-five (35) mile radius of an authorized repair center (except where the shipment of the covered product is required by the service center as a condition of service regardless of Your proximity to the repair center), You may be required to ship/transport the product to the designated repair center; however shipping/transportation charges will be covered by the Service Contract.  In-Home/On-Site service shall normally be available and rendered during the regular working hours and workweek of the authorized service provider.  An adult of legal age must be present at the location where on-site service will be performed. You must provide a safe environment for the service provider in order to receive service. In-Home/On-site service is not available for, but not limited to, the following items: printers, scanners, fax machines, personal digital assistants, external hard drives, CD/DVD ROM's, external memory and storage devices, consumer electronics products excluding televisions greater than 27”, small appliances and or similar products.

Service Contract Limits of Liability; Aggregate Limit: The total payment(s) for all claims under this contract shall not exceed the depreciated value of the covered product in operating condition at the time of the claim, excluding taxes and shipping charges.

Replacement Option:  At the Administrator's sole option, Your covered product may be replaced with a new or reconditioned product of like kind and similar features. The price of the replacement product shall not exceed the retail purchase price of the original covered product. The Administrator's responsibility is to replace Your product with a product of similar features, capacity and/or efficiency.  The Administrator will not be responsible for product upgrades, matching brand or color or for any modifications or construction that may be necessary as a condition of service.  If the Administrator elects to replace rather than repair Your covered product and a replacement product as described above is not available, the Administrator will pay You a cash settlement. The cash settlement amount shall not exceed the depreciated value of the covered product in operating condition at the time of the claim excluding taxes and shipping charges.  You may be required to return the original defective product to the Administrator at Your expense. Replacement of a covered product or payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law.

 

Your Responsibilities Under the Service Contract: For the Service Contract to remain valid and active, You must maintain Your covered product in accordance with the requirements set forth by the manufacturer's specifications, including maintenance and cleaning. You must provide proper electrical requirements as specified by the manufacturer. You must assure full cooperation with the Administrator and authorized service provider during any telephone diagnosis and repair of the covered product including accessibility of the covered product. If you request service for a non covered repair, You will be responsible for all costs associated with the repair.

What Is Not Covered:

1.  Any new products with less than an original ninety (90) day manufacturer's parts and labor limited warranty and/or refurbished products.
2.  Consumer replaceable items including but not limited to; light bulbs, fuses, replaceable fluids, hoses, belts, bags, batteries, ribbons, cartridges, printer heads, or any other parts or materials which are designed to be consumed during the life of the product; adaptors and add-on accessories.
3.  Failures of the following non-operational components such as but not limited to: cabinetry and cabinet frames, decorative finishing, door liners, glass, custom fronts for appliances, handles, knobs, masks, racks, rollers, shelves, software, media and cosmetic damage.  
4.  Damage resulting from unauthorized repair; improper gas or water connections, or electrical wiring and connections; damage caused during delivery, improper installation, or setup; user facilitated minor adjustments and settings outlined in the product's owners manual; inaccessible products or parts; negligence, misuse or abuse.  
5.  Failures due to corrosion, rust, dust, animal or insect damage; Acts of God such as fire, water, windstorm, sand, dirt, hail or earthquake; civil disorders; riot; nuclear accident; accidental physical damage by any external cause; malicious mischief; theft or vandalism.
6.  Your failure to follow the instructions described in the product's owner's manual, manufacturer's recommended maintenance procedures, requirements and misuse or abuse of the product.
7.  Image burn-in; pixel defects which are not covered by the original manufacturer's warranty or are considered acceptable under the manufacturer's specifications.
8.  Payments for subsequent service calls, including trip charges which result in no problem found diagnosis, customer education and non-failures as determined by the Administrator whereby a repair is not required to return Your product to normal operating condition in accordance with the manufacturers written specifications are not covered.  
9.  Failure, inoperability, or disruption of any product or product functions due to any manufacturer recall.
10.  Products used for commercial purposes, public usage, rental, or communal use in multi-family housing, Use of a product for these purposes or in these settings will void this Service Contract.
11.  Conditions, which existed prior to Your purchase and delivery of the product or the Service Contract. Special, indirect, incremental, or consequential damages; loss of use.
12.  Any service request or situation which may pose a health risk to Our technicians or service providers, including but not limited to insect infestation, mold, or fungus; whether or not such circumstances were a result of a covered failure.
13.  Any cost associated with tearing apart walls, cabinetry, etc. to access wiring, components, etc. associated with custom installations.
14.  Loss or damage to stored data, loss or damage due to computer viruses, items left in Your product, such as but not limited to, computer media, personal items and batteries and computer hardware or software that is added after the original purchase date as indicated on Your purchase receipt.
15.  IN NO EVENT SHALL THE ADMINISTRATOR, OR OBLIGOR OF THIS SERVICE CONTRACT OR THE RETAILER FROM WHOM YOU PURCHASED THE SERVICE CONTRACT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL 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.

Replacement Parts: In connection with the repair service for a covered product as provided under this Service Contract, the authorized service provider or its designee, at its sole discretion, may use replacement parts which are new or rebuilt parts that perform to the factory operational specifications of the product. The use of non-original manufacturer parts is permitted under the Service Contract. If We determine, at our sole discretion, that we cannot repair Your product due to the unavailability of functional replacement parts or technical information, We may elect to pay You a cash settlement. The cash settlement amount shall not exceed the depreciated value of the covered product in operating condition at the time of the claim, excluding taxes and shipping charges. Payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law.

REPEAT SERVICE: If Your covered product should require service more than once within a sixty (60) day period, the service must be performed by the original authorized service provider.

Availability of Service and Delays: Service will normally be available during the normal work hours and workdays of the authorized service providers. The Administrator will make a reasonable effort to provide timely service or repair of Your product, however We cannot be held liable for service delays beyond the Administrator's control or any damages that may arise out of delays including but not limited to consequential damages. In the event that Your service is delayed more than thirty (30) business days, the expiration date of Your Service Contract will be extended by the repair time in excess of thirty (30) days. In the case of an emergency outside normal working hours, reasonable efforts will be made to expedite service for those situations. In the event you are unable to keep Your scheduled appointment with a service provider, You must call to cancel the appointment in advance of the agreed upon time of service or you may be responsible for paying the second trip charge for the subsequent rescheduled repair.

Manufacturer's Warranty: Parts and services covered during the manufacturer's warranty period are the responsibility of the manufacturer as described under the manufacturer's expressed warranty. The Administrator may cover other parts and services not covered by the manufacturer's warranty and as described in the Service Contract. The Administrator will refer You to the manufacturer for parts and services covered under the manufacturer's warranty.

Renewals:  The Administrator may, at their option, renew Your Service Contract. The Administrator is not required or obligated to offer You another Service Contract. In the event You are offered a renewal Service Contract, You will be notified of the terms and conditions and the Service Contract fees that will apply to the renewal.

Transfer: This Service Contract may be transferred to an eligible party to whom You sell or give the equipment while this Service Contract is in force. This may be accomplished only if You notify the Administrator by mail with the name and address of the new owner within 15 days of the change of ownership.

Cancellation: You may cancel this contract for any reason at any time. To cancel it, submit Your request in writing to the Administrator at the address noted in the Definitions section above. If You cancel this Service Contract within the first thirty (30) days after receipt of this Service Contract You will receive a full refund, less any claims paid, where allowed by law. If You cancel after the first thirty (30) days from receipt of this Service Contract, You will receive a pro rata refund based on the time remaining on Your Service Contract, less an administrative fee, not to exceed ten percent (10%) of the price of the Service Contract or twenty-five dollars ($25.00), whichever is less, and less any claims paid, where allowed by law. If the Administrator cancels the Service Contract, You will be refunded the unearned pro rata purchase price of the Service Contract, less any claims paid, where allowed by law.  If this Service Contract was inadvertently sold to You on a product which was not intended to be covered by this Service Contract, Your Service Contract will be cancelled and You will receive the full purchase price of the Service Contract.  We may cancel this Service Contract at our option on the basis of fraud or misrepresentation.

       

This Service Contract is not a contract of insurance; however the obligations under this Service Contract are insured by a contractual liability insurance policy provided by Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

 

PLEASE REFER TO SPECIFIC STATE DISCLOSURES TO CONFIRM ANY INDIVIDUAL STATE REQUIREMENTS.  THOSE INDIVIDUAL STATE DISCLOSURES SUPERSEDE ANY OTHER PROVISIONS IN THIS SERVICE CONTRACT TO THE CONTRARY.

ALABAMA:  The right to cancel the Service Contract is not transferable and shall apply only to the original Service Contract purchaser.  If the Administrator cancels the Service Contract, the Administrator will mail a written notice to You at Your last know address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

ARIZONA:  If You live in AZ, BWG Protection Plans, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Service Company/Obligor/Administrator. You may cancel the Service Contract at any time and receive a pro rata refund.  No claim incurred or paid shall be deducted from the amount to be returned. The Service Contract may not be cancelled for misrepresentation by either the service company or its subcontractors.

CONNECTICUT: If the Extended Warranty Provider fails to perform according to the terms of the Service Contract within 60 days after proof of loss has been filed with the provider You may submit a claim to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. The contract holder has the right to file a complaint to the Connecticut Insurance Department, Attention: Consumer Affairs, P. O. Box 816, Hartford, CT 06142.  The written complaint must describe the dispute, the product purchase price, the repair costs and a copy of Your Service Contract. If Your Service Contract is for less than one year, the term of your Service Contract will be automatically extended for the period during which Your product is in the custody of the provider for repair.

FLORIDA: You may cancel this contract for any reason at any time. To cancel it, submit Your request in writing to Us at the address cited below.  If You cancel this Service Contract, 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 Service Contract, You will receive one hundred percent (100%) of the unearned pro rata purchase price. THIS SERVICE CONTRACT IS ADMINISTERED BY VAC SERVICE CORPORATION OF FLORIDA, INC., 334 County Route 49, P. O. Box 730, Middletown, NY 10940-0730.

GEORGIA:  Cancellation of this Service Contract by the Obligor shall be in writing and shall conform to the requirements of Georgia Code Section 33-24-44. Notice of cancellation will be given at least thirty (30) days prior to the effective date of the cancellation. Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of the Service Contract. You may make a claim to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185 if the Administrator fails to perform according to the terms of the Service Contract within 60 days after proof of loss has been filed with the Administrator.

HAWAII:  If the Administrator cancels the Service Contract, the Administrator will mail a written notice to You at Your last know address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  The right to cancel the Service Contract is not transferable and shall apply only to the original Service Contract purchaser.

ILLINOIS:  This Service Contract does not cover normal wear and tear.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

INDIANA: The holder of the Service Contract shall be entitled to make a direct claim against the insurer upon the failure of the Administrator to pay any claim within sixty (60) days after the claim has been filed.  The claim may be filed with: Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

KENTUCKY:  The holder of the Service Contract shall be entitled to make a direct claim against the insurer upon the failure of the maker to pay any claim within sixty (60) days after the claim has been filed with the maker.  The claim may be filed with: Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

MARYLAND: The term of your Service Contract will be automatically extended for the period during which your product is in the custody of the provider for repair. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.

NEVADA: If You live in NV, BWG Protection Plans, Inc., 360 Central Ave., St. Petersburg, FL  33701 is the Obligor/Provider/Administrator of this Service Contract. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. This Service Contract may not be cancelled by the Provider before the expiration date of the agreed term if it has been in effect at least seventy (70) days except for the following reasons: failure of the holder to pay an amount when due; conviction of the holder of a crime which results in an increase in the service required under the Service Contract; or in presenting a claim for service there under; discovery of an act or omission by the holder, or a violation by the holder of any condition of the Service Contract which occurred after the effective date of the Service Contract and which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the required service or repair which occurs after the effective date of the Service Contract and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Service Contract was issued or sold. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. The right of the holder to return a Service Contract pursuant to the laws of Nevada applies only to the original purchaser of the Service Contract.  

NEW MEXICO: If You live in NM, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Obligor/Provider/Administrator of the Service Contract.  This Service Contract may not be cancelled by the Provider before the expiration date of the agreed term if it has been in effect at least seventy (70) days except for the following reasons: failure of the holder to pay an amount when due; conviction of the holder of a crime which results in an increase in the service required under the Service Contract; or in presenting a claim for service there under; discovery of an act or omission by the holder, or a violation by the holder of any condition of the Service Contract which occurred after the effective date of the Service Contract and which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the required service or repair which occurs after the effective date of the Service Contract and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Service Contract was issued or sold. If the Provider fails to refund the purchase price within sixty (60) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.

NEW YORK:  If the Provider fails to refund the purchase price within thirty (30) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

NORTH CAROLINA:  The purchase of this Service Contract is not required in order to obtain financing for the product.

OKLAHOMA: THIS SERVICE CONTRACT IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE COMPANY MARKETING THE PRODUCT COVERED BY THIS SERVICE CONTRACT.  THIS SERVICE CONTRACT WILL NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. If You cancel the Service Contract, You shall receive a refund based on ninety percent (90%) of the unearned pro rata purchase price.  If We cancel the Service Contract the refund will be based on one hundred percent (100%) of the unearned pro rata purchase price.

OREGON:  If You live in OR, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL  33701, is the Obligor/Provider/Administrator of this Service Contract.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. In the event You have an emergency situation and are unable to reach Us, you may proceed with repairs.  We will reimburse You in accordance with the Service Contract provisions.

SOUTH CAROLINA: If the Administrator cancels the Service Contract, the Administrator will mail a written notice to You at Your last know address at least fifteen (15) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. You may notify the Department of Insurance at P. O. Box 100105, Columbia, SC 29202-3105, 803-737-6180 with any complaints or questions regarding the Service Contract.

TENNESSEE: The expiration date of the Service Contract will automatically be extended by the duration that the covered product is withheld from Your use while being repaired, plus two (2) days.

TEXAS: If You live in TX, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL  33701, is the Obligor/Provider/Administrator of this Service Contract. If the Provider cancels the Service Contract, the Provider will mail a written notice to You at Your last know address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. If You have a question or complaint, You may contact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, TX 78711, (800) 803-9202 or (512) 463-6599.

UTAH:  Coverage afforded under this Service Contract is not guaranteed by the Property and Casualty Guaranty Association We may cancel this Service Contract during the first sixty (60) days for by mailing a written notice to You at least thirty (30) days prior to the effective date of cancellation that includes the reason for cancellation. We may cancel this Service Contract after the first sixty (60) days by mailing a written notice to You at least thirty (30) days prior to the effective date of the cancellation for the following reasons: (a) nonpayment of premium; (b) material misrepresentation; (c) substantial change in the risk assumed, unless the insurer should reasonably have foreseen the change or contemplated the risk when entering into the contract; or substantial breaches of contractual duties, conditions, or warranties. Refer to Your purchase receipt for the single pay retail price You paid for Your Service Contract.  This Service Contract does not have a deductible. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185, 1-800-282-8913.

VERMONT: If You live in VT, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Obligor/Provider/Administrator of the Service Contract. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. This Service Contract shall be interpreted and enforced according to the laws of the State of Vermont.

VIRGINIA: If You live in VA, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Obligor/Provider/Administrator of the Service Contract.

WASHINGTON: If the Provider fails to refund the purchase price within thirty (30) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  
The Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

WISCONSIN: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of the Service Contract. A claim may not be denied solely because the contract holder did not obtain preauthorization.

WYOMING:  If You live in WY, BWG Protection Plans, Inc. 360 Central Ave., St. Petersburg, FL  33701 is the Obligor/Provider/Administrator of this Service Contract.  If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

DEFINITIONS: “You” and “Your” indicates the purchaser of this service contract or the person to whom it was properly transferred. “We”, “Us”, and “Our” indicate the issuing Dealer, the company obligated under this service contract in all states, except as otherwise indicated in the individual state disclosures below.  If You live in AL, AZ, NV, UT or WY BWG Protection Plans, Inc., 360 Central Ave., St. Petersburg, FL  33701 is the Administrator of this service contract. If You live in HI, BWG Protection Plans, 360 Central Ave., St. Petersburg, FL  33701 is the Administrator of this service contract.  If You live in NY, VAC Service Corporation, P.O. Box 730, Middletown, NY 10940 is the Administrator of this service contract.  If You live in FL, VAC Service Corporation of Florida, Inc., P.O. Box 730, Middletown, NY 10940, is the Administrator of this service contract.  In all other states, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL  33701, is the Administrator of this service contract.  “Service Contract” indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt constitute the entire agreement. Rights under this Service Contract may vary from state to state.

                                   

service contract Term:  The term and coverage of the Service Contract commence upon expiration of the shortest portion of the manufacturer's original warranty. This Service Contract does not have a deductible. ALL CLAIMS MUST BE REPORTED PRIOR TO THE EXPIRATION DATE OF THE SERVICE CONTRACT.

WHAT IS COVERED:  Subject to these terms and conditions, this Service Contract provides for a (1) one time replacement of Your covered product resulting from mechanical and electrical failures that occur during normal use and operation in accordance with the manufacturer's written specifications. This Service Contract provides coverage only for the product(s) listed as covered on the face of this Service Contract and/or Your purchase receipt. Subject to the terms and conditions, Your covered product will be replaced with a product of like kind, similar features, capacity and/or efficiency. The administrator may elect to pay you a cash settlement. The cash settlement amount shall not exceed the retail purchase price you paid for the original covered product less taxes and shipping.

Power Surge Protection: This Service Contract protects against operational or mechanical failure of a covered product resulting from a power surge while properly connected to a surge protector approved by the Underwriter's Laboratory. Your surge protector may be collected by the Administrator for examination.  For Major Appliances, Fitness Equipment and Electrically powered Lawn and Garden equipment such as refrigerators, washing machines, clothes dryers, dishwashers, vacuum cleaners, treadmills, steppers, exercise bicycles, elliptical trainers, lawn mowers and trimmers; the use of an approved surge protector is not required in order to receive benefits under the surge protection feature of this Service Contract.

If You Need Service: Call 1-800-431-5843 and have Your Service Contract number available. Service will be available 24 hours a day, 7 days a week.  The Administrator will provide You with instructions on how to obtain a replacement product. The value of the replacement product shall not exceed the retail purchase price excluding taxes and shipping of the original covered product. Replacement of a covered product or payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law. You may be required to return the original defective product to the Administrator at Your expense.

 Your original purchase receipt is made a part of this service contract and should be kept with this SERVICE Contract in a safe place. 

 

What Is Not Covered:

1.  Any new products with less than an original ninety (90) day manufacturer's parts and labor limited warranty and/or refurbished products.
2.  Consumer replaceable items including but not limited to; light bulbs, fuses, replaceable fluids, hoses, belts, bags, batteries, ribbons, cartridges, printer heads, or any other parts or materials which are designed to be consumed during the life of the product; adaptors and add-on accessories.
3.  Failures of the following non-operational components such as but not limited to: cabinetry and cabinet frames, decorative finishing, door liners, glass, custom fronts for appliances, handles, knobs, masks, racks, rollers, shelves, software, media and cosmetic damage.  
4.  Damage resulting from unauthorized repair; improper gas or water connections, or electrical wiring and connections; damage caused during delivery, improper installation, or setup; user facilitated minor adjustments and settings outlined in the product's owners manual; inaccessible products or parts; negligence, misuse or abuse.  
5.  Failures due to corrosion, rust, dust, animal or insect damage; Acts of God such as fire, water, windstorm, sand, dirt, hail or earthquake; civil disorders; riot; nuclear accident; accidental physical damage by any external cause; malicious mischief; theft or vandalism.
6.  Your failure to follow the instructions described in the product's owner's manual, manufacturer's recommended maintenance procedures, requirements and misuse or abuse of the product.
7.  Image burn-in; pixel defects which are not covered by the original manufacturer's warranty or are considered acceptable under the manufacturer's specifications.
8.  Any service request, which results in customer education or no problem found diagnosis.  
9.  Failure, inoperability, or disruption of any product or product functions due to any manufacturer recall.
10.  Products used for commercial purposes, public usage, rental, or communal use in multi-family housing, Use of a product for these purposes or in these settings will void this Service Contract.
11.  Conditions, which existed prior to Your purchase and delivery of the product or the Service Contract. Special, indirect, incremental, or consequential damages; loss of use.
12.  Any service request or situation which may pose a health risk to Our technicians or service providers, including but not limited to insect infestation, mold, or fungus; whether or not such circumstances were a result of a covered failure.
13.  Any cost associated with tearing apart walls, cabinetry, etc. to access wiring, components, etc. associated with custom installations.
14.  Loss or damage to stored data, loss or damage due to computer viruses, items left in Your product, such as but not limited to, computer media, personal items and batteries and computer hardware or software that is added after the original purchase date as indicated on Your purchase receipt.

IN NO EVENT SHALL THE ADMINISTRATOR, OR OBLIGOR OF THIS SERVICE CONTRACT OR THE RETAILER FROM WHOM YOU PURCHASED THE SERVICE CONTRACT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL 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.  

TRANSFER: This Service Contract may be transferred to an eligible party to whom You sell or give the equipment while this Service Contract is in force.  This may be accomplished only if You notify the Administrator by mail with the name and address of the new owner within fifteen (15) days of the change of ownership.  

 

RENEWAL:  This Service Contract is not renewable.

Cancellation: You may cancel this contract for any reason at any time. To cancel it, submit Your request in writing to the Administrator at the address noted in the Definitions section above.  If You cancel this Service Contract within the first thirty (30) days after receipt of this Service Contract You will receive a full refund, less any claims paid, where allowed by law. If You cancel after the first thirty (30) days from receipt of this Service Contract, You will receive a pro rata refund based on the time remaining on Your Service Contract, less an administrative fee, not to exceed ten percent (10%) of the price of the Service Contract or twenty-five dollars ($25.00), whichever is less, and less any claims paid, where allowed by law. If the Administrator cancels the Service Contract, You will be refunded the unearned pro rata purchase price of the Service Contract, less any claims paid, where allowed by law. If this Service Contract was inadvertently sold to You on a product which was not intended to be covered by this Service Contract, Your Service Contract will be cancelled and You will receive the full purchase price of the Service Contract. We may cancel this Service Contract at our option on the basis of fraud or misrepresentation. 

This Service Contract is not a contract of insurance; however the obligations under this Service Contract are insured by a contractual liability insurance policy provided by Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.  

PLEASE REFER TO SPECIFIC STATE DISCLOSURES TO CONFIRM ANY INDIVIDUAL STATE REQUIREMENTS.  THOSE INDIVIDUAL STATE DISCLOSURES SUPERSEDE ANY OTHER PROVISIONS IN THIS SERVICE CONTRACT TO THE CONTRARY.

ALABAMA:  The right to cancel the Service Contract is not transferable and shall apply only to the original Service Contract purchaser.  If the Administrator cancels the Service Contract, the Administrator will mail a written notice to You at Your last know address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

ARIZONA:  If You live in AZ, BWG Protection Plans, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Service Company/Obligor/Administrator. You may cancel the Service Contract at any time and receive a pro rata refund.  No claim incurred or paid shall be deducted from the amount to be returned. The Service Contract may not be cancelled for misrepresentation by either the service company or its subcontractors.

CONNECTICUT: If the Extended Warranty Provider fails to perform according to the terms of the Service Contract within 60 days after proof of loss has been filed with the provider You may submit a claim to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. The contract holder has the right to file a complaint to the Connecticut Insurance Department, Attention: Consumer Affairs, P. O. Box 816, Hartford, CT 06142.  The written complaint must describe the dispute, the product purchase price, the repair costs and a copy of Your Service Contract. If Your Service Contract is for less than one year, the term of your Service Contract will be automatically extended for the period during which Your product is in the custody of the provider for repair.

FLORIDA: You may cancel this contract for any reason at any time. To cancel it, submit Your request in writing to Us at the address cited below.  If You cancel this Service Contract, 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 Service Contract, You will receive one hundred percent (100%) of the unearned pro rata purchase price. THIS SERVICE CONTRACT IS ADMINISTERED BY VAC SERVICE CORPORATION OF FLORIDA, INC., 334 County Route 49, P. O. Box 730, Middletown, NY 10940-0730.

GEORGIA:  Cancellation of this Service Contract by the Obligor shall be in writing and shall conform to the requirements of Georgia Code Section 33-24-44. Notice of cancellation will be given at least thirty (30) days prior to the effective date of the cancellation. Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of the Service Contract. You may make a claim to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185 if the Administrator fails to perform according to the terms of the Service Contract within 60 days after proof of loss has been filed with the Administrator.

HAWAII:  If the Administrator cancels the Service Contract, the Administrator will mail a written notice to You at Your last know address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  The right to cancel the Service Contract is not transferable and shall apply only to the original Service Contract purchaser.

ILLINOIS:  This Service Contract does not cover normal wear and tear.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

INDIANA: The holder of the Service Contract shall be entitled to make a direct claim against the insurer upon the failure of the Administrator to pay any claim within sixty (60) days after the claim has been filed.  The claim may be filed with: Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

KENTUCKY:  The holder of the Service Contract shall be entitled to make a direct claim against the insurer upon the failure of the maker to pay any claim within sixty (60) days after the claim has been filed with the maker.  The claim may be filed with: Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

MARYLAND: The term of your Service Contract will be automatically extended for the period during which your product is in the custody of the provider for repair. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.

NEVADA: If You live in NV, BWG Protection Plans, Inc., 360 Central Ave., St. Petersburg, FL  33701 is the Obligor/Provider/Administrator of this Service Contract. No claim incurred or paid shall be deducted from the amount of Your cancellation refund. This Service Contract may not be cancelled by the Provider before the expiration date of the agreed term if it has been in effect at least seventy (70) days except for the following reasons: failure of the holder to pay an amount when due; conviction of the holder of a crime which results in an increase in the service required under the Service Contract; or in presenting a claim for service there under; discovery of an act or omission by the holder, or a violation by the holder of any condition of the Service Contract which occurred after the effective date of the Service Contract and which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the required service or repair which occurs after the effective date of the Service Contract and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Service Contract was issued or sold. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. The right of the holder to return a Service Contract pursuant to the laws of Nevada applies only to the original purchaser of the Service Contract.  

NEW MEXICO: If You live in NM, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Obligor/Provider/Administrator of the Service Contract.  This Service Contract may not be cancelled by the Provider before the expiration date of the agreed term if it has been in effect at least seventy (70) days except for the following reasons: failure of the holder to pay an amount when due; conviction of the holder of a crime which results in an increase in the service required under the Service Contract; or in presenting a claim for service there under; discovery of an act or omission by the holder, or a violation by the holder of any condition of the Service Contract which occurred after the effective date of the Service Contract and which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the required service or repair which occurs after the effective date of the Service Contract and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Service Contract was issued or sold. If the Provider fails to refund the purchase price within sixty (60) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.

NEW YORK:  If the Provider fails to refund the purchase price within thirty (30) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

NORTH CAROLINA:  The purchase of this Service Contract is not required in order to obtain financing for the product.

OKLAHOMA: THIS SERVICE CONTRACT IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE COMPANY MARKETING THE PRODUCT COVERED BY THIS SERVICE CONTRACT.  THIS SERVICE CONTRACT WILL NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. If You cancel the Service Contract, You shall receive a refund based on ninety percent (90%) of the unearned pro rata purchase price.  If We cancel the Service Contract the refund will be based on one hundred percent (100%) of the unearned pro rata purchase price.

OREGON:  If You live in OR, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL  33701, is the Obligor/Provider/Administrator of this Service Contract.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. In the event You have an emergency situation and are unable to reach Us, you may proceed with repairs.  We will reimburse You in accordance with the Service Contract provisions.

SOUTH CAROLINA: If the Administrator cancels the Service Contract, the Administrator will mail a written notice to You at Your last know address at least fifteen (15) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. You may notify the Department of Insurance at P. O. Box 100105, Columbia, SC 29202-3105, 803-737-6180 with any complaints or questions regarding the Service Contract.

TENNESSEE: The expiration date of the Service Contract will automatically be extended by the duration that the covered product is withheld from Your use while being repaired, plus two (2) days.

TEXAS: If You live in TX, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL  33701, is the Obligor/Provider/Administrator of this Service Contract.  If the Provider cancels the Service Contract, the Provider will mail a written notice to You at Your last know address at least five (5) days prior to cancellation which shall state the effective date of cancellation and the reason for cancellation.  However, 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. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. If You have a question or complaint, You may contact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, TX 78711, (800) 803-9202 or (512) 463-6599.

UTAH:  Coverage afforded under this Service Contract is not guaranteed by the Property and Casualty Guaranty Association We may cancel this Service Contract during the first sixty (60) days for by mailing a written notice to You at least thirty (30) days prior to the effective date of cancellation that includes the reason for cancellation. We may cancel this Service Contract after the first sixty (60) days by mailing a written notice to You at least thirty (30) days prior to the effective date of the cancellation for the following reasons: (a) nonpayment of premium; (b) material misrepresentation; (c) substantial change in the risk assumed, unless the insurer should reasonably have foreseen the change or contemplated the risk when entering into the contract; or substantial breaches of contractual duties, conditions, or warranties. Refer to Your purchase receipt for the single pay retail price You paid for Your Service Contract.  This Service Contract does not have a deductible. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185, 1-800-282-8913.

VERMONT: If You live in VT, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Obligor/Provider/Administrator of the Service Contract. If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. This Service Contract shall be interpreted and enforced according to the laws of the State of Vermont.

VIRGINIA: If You live in VA, Bankers Warranty Group, Inc., 360 Central Ave., St. Petersburg, FL 33701 is the Obligor/Provider/Administrator of the Service Contract.

WASHINGTON: If the Provider fails to refund the purchase price within thirty (30) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  The Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.

WISCONSIN: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185. Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of the Service Contract. A claim may not be denied solely because the contract holder did not obtain preauthorization.

WYOMING:  If You live in WY, BWG Protection Plans, Inc. 360 Central Ave., St. Petersburg, FL  33701 is the Obligor/Provider/Administrator of this Service Contract.  If the Provider fails to refund the purchase price within forty-five (45) days after the Service Contract has been returned due to cancellation by You, the Provider will pay a 10% penalty per month to the holder.  If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the Service Contract holder is entitled to make a claim directly to Dealers Assurance Company, 3518 Riverside Drive, PO Box 21185, Columbus, OH 43221-0185.