Car Toys Leased Wireless Product Plan
This is a legal contract referred to hereinafter as the Service Contract and indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt and constitute the entire agreement. By purchasing it, You understand that it is such a contract and acknowledge that You have had the opportunity to read the terms and conditions set forth herein. This is not a contract of insurance. Please read these terms and conditions carefully so that You fully understand Your coverage under this Service Contract.
This Service Contract does not replace Your maintenance plan, insurance policy, warranty, or benefits provided in a lease-to-own arrangement (LTO) You may have for Your covered product. The benefits available to You under this Service Contract are not available to the Lessor under a LTO.
DEFINITIONS:
Accidental Damage from Handling (ADH) indicates failure due to unintentional and accidental damage from handling, such as drops, bumps, liquid spills or cracks that arise from Your normal use and operation of the product according to the manufacturers written specifications.
Cash Settlement: A Cash Settlement can provide You a settlement amount up to the original Purchase price of the covered product where permitted by applicable law. We are not obligated to offer this option, and You are not obligated to accept it.
Coverage Amount: is defined as the total amount We will pay for all repairs and/or replacements, in aggregate, and will not exceed the combined cost of two replacement products.
Lessee: The person signing and original Lessee under a LTO with Purchase rights.
Lessor: The company leasing the product to the Lessee under a LTO arrangement.
LTO: Acquiring Your product through a lease-to own arrangement.
Purchase: Acquire and take ownership of the product covered by this Service Contract through a LTO arrangement.
Service Contract: indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt and constitute the entire agreement.
You and Your indicates the purchaser of this Service Contract, including the Lessee, if the product was acquired under a LTO, or the person to whom it was properly transferred.
We, Us, and Our: The Obligor/Provider/Administrator of this Service Contract. Unless indicated below or specified in the individual state disclosure, Bankers Warranty Group, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in UT, Bankers Warranty Group, Inc. d/b/a BWG Protection Plans, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in HI or NY, Bankers Warranty Group, Inc. d/b/a BWG Protection Plans, 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in FL, Bankers Warranty Group of Florida, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716, is the Obligor/Provider/Administrator of this Service Contract.
PURCHASER RECORDS: Your sales receipt and these terms and conditions including the provisions, limitations, definitions, and exclusions constitute the entire Service Contract. Please keep this Service Contract and applicable sales receipts as you may be required to produce them at any time during the term to obtain service or replacement.
If You Need Service: Call the toll free number listed on Your Service Contract and have Your Service Contract number and valid product serial number available. Service will be available 24 hours a day, 7 days a week. Failure to provide a valid product serial number may result in denial of service. You must have the following information available: Your original purchase receipt for the covered product and Service Contract and the original Service Contract for the covered product. The Administrator may perform a telephone diagnosis of the product failure. If Your covered product is deemed defective, at the Administrators sole determination, You will be instructed as to the procedures for obtaining service applicable to Your covered product. We will provide You with a prepaid mailing label to ship Your product to the authorized service center. Upon receipt of the defective product by the authorized service center, Your product will be repaired or replaced, at Our sole determination, and shipped back to You at no additional cost.
ALL CLAIMS MUST BE REPORTED PRIOR TO THE EXPIRATION DATE OF THE SERVICE CONTRACT.
LTO ARRANGMENTS: Where the product was initially acquired under a LTO, any Cash Settlement or refund of the Service Contract purchase price, will be paid to the owner of the product at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the property. In all other respects, the Lessee will retain a beneficial interest in this Plan and all non-cash benefits described herein shall be rendered to the Lessee. Any owner obligations related to maintenance of the product shall be the responsibility of the Lessee during the term of any LTO except as provided by law. Any reference to purchased, sold, or similar terms shall include leased and its derivatives. Any reference to purchaser shall mean the Lessee under the LTO and not the Lessor. The Lessor is responsible for applying any refund or Cash Settlement toward Your remaining LTO balance.
Term of COVERAGE: The term of this Service Contract commences on the date of purchase of the eligible product. This Service Contract is inclusive of the manufacturers warranty; it does not replace the manufacturers warranty, but provides certain additional benefits during the term of the manufacturers warranty. After the manufacturers warranty expires, the Service Contract continues to provide some of the manufacturers benefits as well as certain additional benefits listed within the Service Contracts terms and conditions.
WHAT IS COVERED: Subject to these terms and conditions, this Service Contract provides for the repair or replacement of Your product resulting from i) mechanical and/or electrical failures that occur during normal use and operation in accordance with the manufacturers written specifications or ii) ADH failure due to unintentional and accidental damage from handling, such as drops, bumps, liquid spills or cracks that arise from Your normal use and operation of the product in accordance with the manufacturers written specifications. If We elect to replace Your product, this Service Contract provides for a new or remanufactured, model for model replacement of Your covered product. If Your specific product model is not available Your product may be replaced with the next available upgraded product model, or at Our sole option, Your covered product may be replaced with a model with same/upgraded features and functionality. This Service Contract provides for up to two (2) replacements of Your covered product, one replacement per twelve (12) month period of Your Service Contract.
Except as described in the General Exclusions Section, this Service Contract provides coverage for products utilized for the personal use and/or products that may be used for commercial purposes such as cell phones that are used and under the primary control of You and Your agents incidentally in a commercial setting and that are not used or controlled by third parties or by the general public.
DEDUCTIBLE (For NON-BYOD Cell phones only): Your credit card will be charged a deductible for each claim that is performed under this Service Contract and will be collected at the time of service authorization. The deductible amount is based on the product retail price according to the schedule below:
Product Retail Price Deductible
$0 - $199.99 $25.00
$200.00 and up $50.00
BRING YOUR OWN pHONE Program (byod): For Cell phones only: For BYOD, ADH coverage will begin on day thirty one (31) from the purchase date of the Service Contract. The term of this Service Contract commences on the date of purchase of the Service Contract. Your product must have been purchased in the previous ninety (90) days and it must have a minimum of thirty (30) days remaining of the original manufacturers warranty.
DEDUCTIBLES FOR byod:
proDUCT retail price deductible
$0 - $199.99 $ 25.00
$200.00 - $299.99 $ 50.00
$300.00 - $399.99 $ 75.00
$400.00 - $749.99 $100.00
$750.00 and up $125.00
TABLET COVERAGE: Provides coverage for parts and labor costs resulting from mechanical or electrical failures of the product caused by defects in workmanship and materials. The Administrator will provide the initial troubleshooting and technical support for Your Tablet. Hardware technical support will be limited to the proper configuration, and proper operation of the hardware components. Technical support for software will be limited to the proper operation of the manufacturer approved and pre-installed operating system and application software. Software support shall not constitute tutorial assistance or instruction. The Service Contract does not cover customer installed software, customized software applications and hardware components installed after the original purchase date. This Service Contract includes 3-Way shipping and providing a shipping container22 to and from an authorized depot service center. All shipping costs are covered under this Service Contract. There is no deductible for Tablet coverage.
Accidental Damage from Handling Eligibility: Coverage for ADH begins on day one (1) for Non-BYOD cell phones and tablets. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the General Exclusions Section. Any resultant damage from this type of treatment is NOT covered by this ADH program. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information will result in claim denial. You will be required to ship the product, at Our expense, to a designated location for inspection. If Your product is found to not be defective, it will be returned to You.
Advanced Replacement Service Option (Available for an additional fee): If selected, the additional fee is due and payable when You call for service. When calling for service you will be required to provide a valid credit card number and expiration date. Debit cards cannot be accepted. You will be shipped a new or reconditioned product of like kind and quality. Upon receipt of the replacement product, You will be required to return the original defective product to the Administrator at Our expense. If you do not return the original defective product to Us within twenty-one (21) days after receipt of Your replacement product, or if the Administrator determines that the defect or failure is not covered under the terms of the Service Contract, Your credit card will be charged the cost of the replacement product.
YOU WILL BE RESPONSIBLE FOR BACKING UP ALL DATA AND SOFTWARE PRIOR TO SHIPMENT OF YOUR PRODUCT TO THE SERVICE CENTER.
NO LEMON POLICY: If the same part fails three (3) times in Your covered product and that product requires a fourth repair on the same part, as determined by the Administrator, the Administrator may replace the failed product with a new or refurbished same brand product or the Administrator may elect to pay You a cash settlement. The cash settlement amount shall not exceed the current retail cost of a replacement product; and, such current retail cost shall not exceed the original retail purchase price You paid for the covered product and excluding taxes, shipping and installation. Technological advances may result in a replacement product with a lower retail price than the original product; you are not entitled to a refund in the difference in price in such a case. You may be required to return the original defective product to Us at Your expense in order to obtain the settlement amount; failure to do so may result in the forfeiture of the settlement offer or previous cash payment. Replacement of a covered product or payment of a cash settlement under this benefit will fulfill this contract 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 this benefit. The No Lemon Benefit does not include repairs performed by the manufacturer under its limited warranty.
SERVICE CONTRACT LIMIT OF LIABILITY; AGGREGATE LIMIT: The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Service Contract shall not exceed the Coverage Amount of the product. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, We will have no further obligations under this Service Contract. Technological advances may result in a replacement product with a lower retail price than the original purchase price of the product.
Availability of Service and Delays: The Administrator will make a reasonable effort to provide timely service or replacement of Your product, however We cannot be held liable for delays beyond the Administrators control or any damages that may arise out of delays including but not limited to incidental or consequential damages.
YOUR RESPONSIBILITIES UNDER THIS 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.
general exclusions:
A. Any products with less than an original one (1) year manufacturers parts and labor limited warranty, or if You have a BYOD program, less than thirty (30) days remaining of the original manufacturers warranty.
B. Consumer replaceable items including but not limited to; SIM Cards, memory cards, fuses, batteries, removable face plates, adaptors, styluses, accessories and supplies, and attachments or any other parts or materials which are designed to be consumed during the life of the product.
C. Failures of the following non-operational components such as but not limited to: cases, housings and frames; damages including but not limited to scratches and cracks that do not interfere with the proper operation of the covered product.
D. Damage resulting from unauthorized repair or product modifications or alterations; damage caused during delivery, or setup; user facilitated minor adjustments and settings outlined in the products owners manual; failures resulting from local reception problems; introduction of foreign objects into the product, inaccessible products or parts; negligence, misuse, abuse or intentional physical damage.
E. Failures due to damage caused by an animal; Acts of God such as fire, flood, windstorm, sand, dirt, hail or earthquake; civil disorders; riot; nuclear accident; malicious mischief; theft, loss or vandalism.
F. Your failure to follow the instructions described in the products owners manual, manufacturers recommended maintenance procedures and requirements; and misuse or abuse of the product.
G. Loss of the product while in the course of transit.
H. Loss of use, loss of business, loss of profits down-time and charges for time and effort.
I. Products that have altered, missing, invalid or removed serial numbers.
J. Failure, inoperability, or disruption of any product or product functions due to any manufacturer recall.
K. Obsolescence of the covered product including technological obsolescence.
L. Products and/or components used for commercial purposes or in commercial settings, (other than those listed in What Is Covered Section above); all rental (other than a LTO arrangement) products or self-servicing applications (Laundromats, copy centers, gyms, etc.); use of a product by any party other than You or Your agents in any setting; use of a product by the general public; or where the product is controlled by third parties.
M. Conditions, which existed prior to Your purchase and delivery of the product or the Service Contract. Special, indirect, incidental, incremental, or consequential damages; loss of use.
N. Any service request or situation that may pose a health risk to Our technicians or service providers, including but not limited to animal/insect infestation, mold, or fungus; whether or not such circumstances were a result of a covered failure.
O. Any software or virus issues; loss or damage to stored data, damage to recording media including any software programs, data, or configuration/setup information; loss or corruption of data and/or the restoration of software and operating systems; items left in/on Your product, such as but not limited to, cases, plug in accessories and batteries; software apps that are added after the original purchase date including but not limited to, jailbreaking.
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, USE, PROFITS, OR BUSINESS 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 Service Contract for any reason at any time. To cancel it, contact the Dealer where you purchased the product. 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 non-payment by You, fraud or misrepresentation. If We cancel this Agreement for non-payment then We will provide notice at time of cancellation.