Service Contract (“Contract”)

Throughout this document, “You” and “Your” refers to the Contract purchaser and any authorized transferee/assignee of the Contract purchaser. “Obligor”, “Provider”, “We”, “Us” and “Our” mean the company obligated under this Contract, National Product Care Company, except in Arizona, Florida and Oklahoma, where it is SERVICE SAVER, INCORPORATED, in Florida, Our license number is 80173; or in Texas, where it is National Product Care Company dba Texas National Product Care Company, Inc., or in Washington, where it is ServicePlan, Inc.; all located at 175 West Jackson Blvd, Chicago, Illinois 60604, (800) 209-6206. The “Administrator” of the Contract is TWG Innovative Solutions, Inc. (TWGIS), P.O. Box 87639, Chicago, IL 60680-0639 (800) 734-5870.

1. Wait Period.

Customers will not be subjected to a wait period.

2. What Is Covered.

We will furnish labor, parts, and/or replacement equipment (or pay for same) necessary to repair operational or mechanical breakdowns of the Covered Product (“Product”) specified in this Contract, provided such service is necessitated by Product failure during normal usage. The Product specified and covered includes only equipment as originally configured including memory and hard disk drive upgrades installed at time of purchase and charged for in this Contract. Coverage also applies to the parts and accessories that are necessary to the covered Product’s functionality, but does not apply to accessories that are used in conjunction with or to enhance the performance of the covered Product. Power Surge and Spike: Beginning from the date of Contract purchase, this service plan protects against operational failure of a covered Product if a failure occurs while connected to a surge protector accepted by the Underwriter’s Laboratory. Your surge protector may be collected by Us for examination.

3. Accidental Damage From Handling (ADH).

ADH pertains to You if listed on Your Evidence of Coverage. Your Product is protected against accidental damage from handling. ADH will end prior to the expiration date when We have, as a result of service provided to You, repaired or replaced Your Product three 3 times or incurred costs under this plan and all other coverage equal to the original purchase price of Your Product (as indicated on your invoice). ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against normal wear and tear, theft, misplacement, negligence, 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 Limitations of Coverage 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.

4. Important Note.

Repairs recommended by the repairing facility not necessitated by mechanical breakdown are not covered unless specifically authorized by Us. We reserve the right to inspect the items to be covered, or the items covered, as the case may be, prior to coverage or during the coverage period. Model number, serial number and original date of purchase of all Products to be covered must be provided to execute application for service. If You request a service call for a non-covered repair, You will be responsible for all costs associated with the repair. In the event You are unable to meet the servicer for an onsite repair, if applicable, You must call to cancel the appointment one (1) business day prior to the agreed upon time of service or You may be responsible for paying the second trip charge for the subsequent rescheduled repair. If the Product is found to be performing to the manufacturer’s specifications, it will be returned to You. We are not responsible for any loss of your data under any circumstance. If you are paying for a Contract on a monthly basis, your account must be current to receive service.

5. Limit Of Liability.

Maximum liability under this Contract shall be the original purchase price of the Product, excluding sales tax and delivery charges. This Contract will expire upon the earliest of (a) the date We reimburse You for the original purchase price of Your Product; (b) the date We have, as a result of services and/or replacement products provided to You, incurred costs under this plan equal to the original purchase price of Your Product; or (c) the expiration date.

6. Time For Service.

Service will be performed during the hours of 8:00 a.m. to 5:00 p.m. local time Monday through Friday, excluding holidays or during the hours of operation of the participating servicing dealer.

7. Place Of Service.

After We authorize Your claim, We will at Our option complete the lesser of (a) the repair of Your product with new or refurbished parts, (b) replace it with a new or a refurbished product with comparable specifications or (c) Buyout your contract for the lesser of current market value of a Product with comparable specifications or retail price paid for Your Product minus sales tax and claims paid. The decision to repair, replace or Buyout will be made solely by Us. If Your product requires repair, service will be provided by an authorized service center, the retailer or dealer where Your Service Contract was purchased or by subcontractors. Onsite, Carry-In, or Mail-In Depot Service will be determined by Us at Our determination, unless You have purchased Onsite service. You may be asked to provide proof of purchase as a condition for receiving service under this Service Contract. Your original purchase receipt should be kept with this service Contract in a safe place. Onsite service where applicable requires clear, complete and easy access to the product by the authorized servicer and does not include removal or re-installation of an installed product. It is possible that certain onsite repairs will not be completed onsite, but will require that the product or parts of the product, at the servicer’s discretion be removed for shop diagnosis and/or repair and then returned. If onsite service cannot be attempted in Your residence due to environmental and/or technical requirements, or if You are located more than fifty (50) miles from the nearest authorized service center, the cost to transport and/or ship Your Product for service will be covered under Your service plan and will go against Our maximum liability owed to You under this Service Contract.

8. Parts And Subcontracting.

Parts used to repair equipment may either be new or refurbished at Our sole option. Service may be performed by subcontractors.

9. Unable To Repair.

If We determine that We are unable to repair Your Product due to the unavailability of functional parts, service or technical information, or if the cost to repair will exceed the Limit of Liability as described herein, the total liability owed to You under this Contract will be the lesser of (I) the current market value of a Product of comparable specifications; or, (II) the retail price paid for Your Product minus sales tax and claims paid, in lieu of service repairs or replacement of a Product of comparable specifications. In all cases where parts or technical information are on extended backorder for a minimum of sixty (60) calendar days, We will determine if a replacement or reimbursement will be made. All contractual obligations are fulfilled, in lieu of repairs, upon Product replacement, reimbursement or Contract term expiration and the covered Product becomes the property of the Administrator and We may, at Our discretion, require the Product to be returned to Us (or Our designee) at Our expense.

10. Deductible.

In the event that your Product requires service, you will be required to pay a Deductible. The Deductible must be paid and received prior to receiving service, replacement or other reimbursement and may be paid to the Administrator through a valid credit card or debit card. The Deductible will be applied to each request for coverage, in the amount(s) shown on the Evidence of Coverage.

11. Renewability.

This Contract is not renewable.

12. Limitations Of Coverage.

This Contract Does Not Cover:

• Any Product located outside the continental United States, Alaska, or Hawaii.
• Service required as a result of any alteration of the equipment, or repairs made by anyone other than an authorized service provider, its agents, distributors, contractors or licensees, or the use of supplies other than those recommended by the manufacturer. This would include any authorized alterations made by YOU to the Product.
• Damage or other equipment failure due to causes beyond Our control including, but not limited to, repairs necessary due to operator negligence, the failure to maintain the equipment according to the owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, animal or insect damage, acts of war or acts of God.
• Service necessary because of improper storage or improper ventilation, including failure to place the equipment in an area that complies with the manufacturer’s published space or environmental requirements, and any installation that prevents normal service.
• Misuse, abuse, reconfiguration of equipment or improper movement of the equipment. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used.
• Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment.
• Cosmetic damage such as, but not limited to scratches, dents, rust, and stains.
• Cosmetic defects, damage, or failures of non-operational components that do not inhibit the proper operation and performance of the Product.
• Non-functional parts such as, but not limited to, plastics, finishes, porcelain or enamel parts, knobs and dials, handles (unless critical to the function of the Product). Expendable or lost items, such as, but not limited to ear buds or head phones.
• Consumable items are defined as any part that is considered consumable by the manufacturer or any item that is designed to be consumed (wear out) during the life of the Product, regardless if it is consumer replaceable or not. Consumable items include, but are not limited to: batteries, electrical chargers, phone covers, phone applications, etc.
• In-warranty parts not provided or shipped by the manufacturer. Operational or mechanical failure covered by manufacturer’s warranty, manufacturer’s recall, improper construction, or factory bulletins, (regardless of whether or not the manufacturer is doing business as an ongoing enterprise). Defects in the equipment due to the manufacturer’s error or improper construction of the equipment.
• Consequential damages as a result of malfunctioning of or damage to an operating part of the covered equipment, or damages as a result of any repairs or replacements under this Contract. Damages caused by delays in rendering service or loss of use during the period that the Product is at the authorized service center or otherwise awaiting parts are not covered. You are responsible for creating back-ups of all Your data and software on a regular basis.
• Loss of use, loss of business, loss of profits, down-time and charges for time and effort.
• Operational or mechanical failure which is not reported prior to expiration of this Contract or within 30 days of Product failure.
• Damage resulting from any software virus or software including but not limited to, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data.
• Equipment sold without a manufacturer’s warranty, sold “as is”, sold as refurbished, or sold second hand including but not limited to floor models and demonstration models.
• Loss or damage as a result of violation of existing federal, state or municipal codes including repairs to Products not complying with said codes.
• Loss or damage to stored data, repairs related to installed software or computer viruses.
• Pre-existing conditions (incurred prior to the effective date of coverage), known to You. This includes situations where the Product was not taken out of the box or utilized prior to manufacturer warranty expiration and a failure is discovered upon removal or use during Our coverage.
• Equipment where the serial plate attached to the equipment is removed, defaced or made illegible.
• Screen imperfections, including normal wear and tear or cosmetic damage, markings or retained images on glass panel resulting from viewing fixed images.
• Damage resulting from user facilitated minor adjustments and settings outlined in the Products owner’s manual, external antenna or local reception problems, inaccessible products or parts, negligence, misuse or abuse whether willful or not.
• Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, set up or removal. Short circuit, loss of use, parts or labor covered under the manufacturer’s warranty, lack of maintenance, bodily injury, manufacturer’s recall, periodic checkups or maintenance. We will not pay for adjustments or repairs required because of conditions at your location.
• Rentals and “loaner” equipment are not covered.
• Normal, periodic or preventative maintenance and/or checkups, including but not limited to customer education, adjustments, cleanings, and convergence.
• Coverage only applies to the repair or replacement of a covered unit. Broadcast grade models are not covered by this program. Repair of resolution (pixels) failure must match the factory minimum standards “of failed pixels” before an authorized repair occurs. Sealed system failures are considered a manufacturer’s defect and are not covered under this program.
• Equipment over 5 years of age.
• Parts or accessories that are used in conjunction with Product specified under this Contract that enhances the performance of the covered product.
• Any cost recoverable under any other warranty, guarantee, or under an insurance policy (in such case, this Contract will cover any applicable deductible).
• Damage or failure caused by bodily fluids, including but not limited to urine and vomit.
• Any fees charged by a cell phone carrier including but not limited to activation fees.

13. No Lemon Guarantee.

During the term of this Contract, when three service repairs, with three separate claim numbers, have been completed on the same part, and that same part requires repair under a fourth claim number, as determined by Us, Your Product will be replaced with a Product of comparable specifications by Us, not to exceed the original retail purchase price. In the event a comparable replacement cannot be located, a buyout, not to exceed the current market value of a Product with comparable specifications, will be refunded the remaining days of coverage on a monthly prorated basis, less costs for service performed (if applicable). Neither You, the Dealer nor We are obligated to renew this Contract beyond the current term.

14. Cancellation And Refund.

You may cancel this Contract at any time for any reason by contacting the Administrator at (800) 734-5870. If You cancel this Contract within sixty (60) days of the date purchased, You will receive a refund of the full purchase price less any claims. If You cancel this Contract thereafter, You will be refunded the remaining days of coverage on a monthly prorated basis, less costs for service performed (if applicable). This Contract is renewable at Our option. If We choose to renew Your Contract, You will be offered the terms, conditions and rates that are currently in effect in Your state.

We may not cancel this Contract except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, You will receive a pro-rata refund on full purchase price paid based on the time remaining on Your Contract.

15. Claims Limitation.

The maximum liability owed to You under this Contract will be the lesser of (I) the current market value of a Product with comparable specifications; or, (II) the retail price paid for Your Product minus sales tax and claims paid, in lieu of service repairs or replacement of a Product with comparable specifications. In the event We (I) replace the Product with a Product with comparable specifications; (II) reimburse You for the current market value of a Product with comparable specifications; or (III) reimburse You for the retail amount of the Product, minus claims, minus sales tax, We shall have satisfied all obligations owed under this Contract and the covered Product becomes the property of the Administrator and We may, at Our discretion, require the product to be returned to Us (or Our designee) at Our expense. Technological advances may result in a replacement Product with a lower selling price than the original Product.

16. Buyout.

We may elect, at Our option, to buyout the Contract during the coverage term for the lesser of (I) current market value of a Product with equivalent specifications or (II) purchase price of Your Product minus sales tax and claims paid. When determining the current market value of a Product of equivalent specifications a fair analysis is completed using current manufacturers’ and distributors’ pricing on comparable products. All contractual obligations are considered fulfilled upon buyout of the Product. You have up to forty- five (45) days from the date of authorization to complete your product buyout transaction.

18. Transferability.

You may transfer this Contract to any person by sending written notice to: TWG Innovative Solutions, Inc. (TWGIS), P.O. Box 87639, Chicago, IL 60680-0639

19. Right To Recover From Others.

If We make any payment, We are entitled to recover what We paid from other parties. By accepting settlement of a claim, You transfer to Us Your right to recovery against any other party.

20. Coverage And Term.

As the Administrator, We will assist You in understanding Your warranty and coverage benefits from the day You purchase Your Contract. If Your Product needs repair for operational or mechanical failure, You are required to call the toll free number listed on the face of this Contract or submit Your claim in writing to TWG Innovative Solutions, Inc. (TWGIS), P.O. Box 87639, Chicago, IL 60680-0639. With any correspondence, please provide Your daytime phone number and claim number if applicable. The expiration date and price of this Contract are listed on the face of this Contract. There are some limitations of coverage. You should review Section 12 “Limitations of Coverage” for more details.

21. Entire Contract.

This is not a contract of Insurance. This is the entire contract between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. The seller of this Contract is not a party to this Contract. Except in Washington state, the Obligor under this Contract is insured by a reimbursement insurance policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois 60604, (800) 209-6206. If a claim is not paid within sixty (60) days of submitting the claim or if the Obligor becomes insolvent or otherwise financially impaired, the claim can be submitted to the insurer at Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois 60604, (800) 209-6206 In Washington, the obligations of the Obligor are backed by the full faith and credit of the Obligor.

22. Limitation Of Liability.

THE DEALER/RETAILER, OBLIGOR, ADMINISTRATOR, THEIR AGENTS, CONTRACTORS OR LICENSEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED EQUIPMENT. EXCLUSION IS MADE OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN.

23. State Variations.

The following state variations shall control if inconsistent with any other terms and conditions:

• In Alabama: The following statement is added to Section 14 “Cancellation and Refund”: If You request cancellation of this Contract within thirty (30) days of the purchase date of the Contract and the refund is not paid or credited within forty-five (45) days after return of the Contract to Us, a ten percent (10%) penalty will be added to the refund for every thirty (30) days the refund is not paid. This provision only applies to the original Contract holder. Any refund may be credited to any outstanding balance of Your account and the excess, if any, returned to You.
• In Arizona: The following statement is added to Section 12 “Limitations of Coverage”: We shall not provide coverage only for those specifically listed items in the “Limitations of Coverage” section. The following statement is added to Section 14 “Cancellation and Refund”: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation.
• In Arkansas: The following is added to this Contract: This Contract does not exclude pre-existing conditions.
• In California: The following statement is added to Section 14 “Cancellation and Refund” is amended as follows: In the event You cancel this Contract within sixty (60) days of receipt of this Contract, You shall receive a full refund of any payments made by You under this Contract.
• In Connecticut: The following is added to this Contract: The State of Connecticut has established an arbitration process to settle disputes arising from Service Contracts. If You purchased this Contract in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Contract. A written complaint may be mailed to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Product, the cost of repair and a copy of this Contract. The following statement is added to Section 14 “Cancellation and Refund”: You may cancel this Contract if the Product is sold, lost, stolen, or destroyed.
• In Colorado: The following is added to this Contract: The use of non-original manufacturer’s parts is permitted. The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 45 days of receipt of the retuned Contract, a ten (10%) percent penalty per month shall be applied to the refund.
• In Connecticut: The following statement is added to Section 14 “Cancellation and Refund” of this Contract: You may cancel this Contract if You return the Product, or if the Product is sold, lost, stolen or destroyed. The following statement is added to Section 20 “Coverage and Term”: The term of this Contract will be automatically extended for the period during which the Product is in the custody of a service center for repair.
• In the District of Columbia: Section 14 “Cancellation and Refund” is deleted and replaced with the following: You may cancel this Contract at any time for any reason by contacting the Administrator at (800) 734-5870. If You cancel this Contract within thirty (30) days of the date purchased and no claim has been made, You will receive a refund of the full purchase price. If You do not receive the refund within forty-five (45) days, a ten percent (10%) penalty per month shall be added to the refund. If You cancel this Contract after thirty (30) days or a claim has been submitted, You will be refunded the remaining days of coverage on a monthly prorated basis, less any claims paid. The Provider may charge a reasonable administrative fee for the cancellation, which may not exceed ten percent (10%) of the Provider fee. This Contract is renewable at Our option. If We choose to renew Your Contract, You will be offered the terms, conditions and rates that are currently in effect in Your state. We may not cancel this Contract except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, You will receive a pro-rata refund on full purchase price paid based on the time remaining on Your Contract.
• In Florida: The rate charged for this Contract is not subject to regulation by the Florida Office of Insurance Regulation. Section 14 “Cancellation and Refund” is amended as follows: If You cancel this Contract, You will receive a pro-rata refund based upon hundred percent (100%) of the unearned pro-rata premium less the cost of any claims paid or repairs made on Your behalf. If We cancel this Contract, return of premium shall be based upon one hundred percent (100%) of unearned pro-rata premium.
• In Georgia: Section 14 “Cancellation and Refund” is amended as follows: If You cancel after thirty (30) days of receipt of Your Contract, You will receive a pro-rata refund of the Contract price. We may not cancel this Contract except for fraud, material misrepresentation, or nonpayment by You. If We cancel this Contract, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. This Contract will be interpreted and enforced according to the laws of the state of Georgia.
• In Illinois: Product must be in place and in good operating condition on the effective date of coverage and become inoperable due to a Failure during the term of this Contract. The following statement is added to Section 14 “Cancellation and Refund” of this Contract: In no event will the cancellation fee exceed the lesser of fifty dollars ($50.00) or ten percent (10%) of the Contract price.
• In Michigan: The following statement is added to this Contract”: If performance under this Contract is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Contract shall be extended for the period of the strike or work stoppage.
• In Missouri: The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 45 days of receipt of the retuned Contract, a ten (10%) percent penalty per month shall be applied to the refund.
• In Nevada: Section 14 “Cancellation and Refund” is replaced with the following: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. You may cancel this Contract at any time by following the procedures for cancellation set forth in this Contract. If You cancel this Contract within twenty (20) days after Your receipt of this Contract and You have not made a claim under this Contract, You are entitled to a full refund of the Total Price as specified on the face of this Contract. If You cancel this Contract any time after twenty (20) days after Your receipt of this Contract or if You cancel this Contract and have made a claim at any time under this Contract, You are entitled to a refund of the unearned premium calculated on a pro rata basis. We may cancel this Contract for any reason within seventy (70) days after Your receipt of this Contract. We may cancel this Contract thereafter only if:
  • You fail to pay an amount when due;
  • You are convicted of a crime that results in additional service under this Contract;
  • It is discovered that You committed fraud or made a material misrepresentation in obtaining this Contract or submitting a claim;
  • It is discovered that You engaged in an act or omission, or violated a condition of this Contract, after the date of this Contract which substantially and materially increases the service due under this Contract; or
  • A material change occurs to the nature or scope of the service that causes it to be substantially and materially increased beyond that contemplated as of the date of this Contract.
  • If We cancel this Contract as provided above, We will send You written notice at the address indicated in Our records. The notice will include the effective date of the cancellation, which will not be less than fifteen (15) days after the date We send You the notice of cancellation. In addition, You will be entitled to a refund of the unearned premium calculated on a pro rata basis. If We fail to deliver to You within forty-five (45) days any unearned premium to which You are entitled as provided above, You will be entitled to an additional amount equal to 10% of the Total Price as specified on the face of this Contract for every thirty (30) days such refund is delayed beyond the 45-day period.
• In New Hampshire: Section 14 “Cancellation and Refund” is amended as follows: All references to “less any claims” are deleted from this section. Therefore, no paid or pending payment claims will be deducted from any pro-rata refund. The following statement is added to Section 21 “Entire Contract”: In the event You do not receive satisfaction under this Contract, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, New Hampshire, 03021, (603) 271-2261.
• In New Jersey: The following is added to this Contract: The use of refurbished, reconditioned, or non-original manufacturer’s parts is permitted. The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 45 days of receipt of the retuned Contract, a ten (10%) percent penalty per month shall be applied to the refund.
• In New Mexico: Section 14 “Cancellation and Refund” is amended as follows: If this Contract has been in force for a period of seventy (70) days, We may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: 1) You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Contract; 3) You engage in fraud or material misrepresentation in obtaining this Contract; or 4) You commit any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increase the service required under this Contract. If you cancel your Contract and do not receive a refund or credit within 60 days of receipt of the retuned service Contract, a ten (10%) percent penalty per month shall be applied to the refund. This provision applies only to the original purchaser of the Contract.
• In North Carolina: The following statement is added to Section 14 “Cancellation and Refund”: We may not cancel this Contract except for non-payment by You or for violation of any of the terms and conditions of this Contract. The following statement is added to Section 21 “Entire Contract”: You understand that the purchase of this Contract is not required to purchase or to obtain financing for the Product.
• In Oklahoma: Section 14 “Cancellation and Refund”, is deleted and replaced with the following: You may cancel this Contract for any reason at any time. To cancel, contact the Administrator in writing. If You cancel within the first thirty (30) days of receipt of Your Contract, You will receive a full refund. If You cancel after thirty (30) days, You will receive a pro-rata refund based on one-hundred percent (100%) of the unearned pro-rata premium. No claim incurred or paid nor any repair made, will be deducted from the amount to be returned in event of cancellation. We may not cancel this Contract except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation. If We cancel, the return premium is based on one-hundred percent (100%) of the unearned pro-rata premium. The following statement is added to Section 21 “Entire Contract”: NOTICE: This service warranty is not issued by the manufacturer or wholesale company marketing the Product. This service warranty will not be honored by such manufacturer or wholesale company. The following statements have been added: a) Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association.; b) Obligations of the Obligor under this service warranty are insured by a service contract reimbursement insurance policy with Virginia Surety Company, Inc. 175 West Jackson Blvd. 11th Floor, Chicago, IL 60604 (800) 209-6206; c) Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contract. For SERVICE SAVER, INCORPORATED., the Oklahoma License # is 861336.
• In South Carolina: The following statement is added to Section 21 “Entire Contract”: If You purchased this Contract in South Carolina, complaints or questions about this Contract may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number (803) 737-6180. The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 45 days of receipt of the retuned Contract, a ten (10%) percent penalty per month shall be applied to the refund. This provision applies only to the original purchaser of the Contract.
• In Texas: The following statement is added to Section 14 “Cancellation and Refund”: If You cancel Your Contract within thirty (30) days of receipt of Your Contract, Your Contract will be voided. If Your Contract is voided and You do not receive a refund or credit within thirty (30) days of receipt of the returned service Contract, You may request a refund from Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois, 60604. If you cancel your Contract and do not receive a refund or credit within 45 days of receipt of the retuned Contract, a ten (10%) percent penalty per month shall be applied to the refund. The following statement is added to Section 21 “Entire Contract”: If You purchased this Contract in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-2906 or (800) 803-9202. The Service Contract Administrator license number for TWG Innovative Solutions, Inc. is 121.
• In Utah: The following statement is added to Section 6 “Time for Service”: For service on your device call 1-800-734-5870 Mon-Fri 7AM-10PM; Sat-Sun 9AM-6PM CST. You may also submit your claim online at https://motorola-global-portal.custhelp.com/app/mcp/service/, this website is available 24 hours a day – 7 days a week. The following is added to this Contract: The use of refurbished, reconditioned, or non-original manufacturer’s parts is permitted. Section 14 “Cancellation and Refund” is amended as follows: We can cancel this Contract during the first (60) sixty days of the initial annual term by mailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Contract during such time period for non-payment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Contract by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for cancellations due to non-payment of premium, and thirty (30) days prior to the cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Contract, (c) substantial breaches of contractual duties, conditions or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number, which is your account number (2) the date of notice, (3) the effective date of cancellation, and (4) a detailed explanation of the reason for cancellation. The following statement is added to Section 21 “Entire Contract”: Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim. This Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department.
• In Virginia: If any promise made in this Contract has been denied or has not been honored within sixty (60) days after Your request, You may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
• In Washington: The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 30 days of receipt of the retuned service Contract, a ten (10%) percent penalty per month shall be applied to the refund. This provision applies only to the original purchaser of the Contract. In the event We cancel this Contract, We will mail a written notice to You at Your last known address at least twenty-one (21) days prior to cancellation with the effective date for the cancellation and the reason for cancellation. What is Not Covered from coverage are limited to those expressly stated under the Section 12 “Limitations of Coverage” above. Section 21 "Entire Contract" is deleted in its entirety and replaced with the following: “In Washington this is not a contract of insurance. This is the entire Contract between You and the Obligor, and no representation, promise or condition not contained herein shall modify these items. The Selling Retailer is not a party to this Contract. The Obligations of the Obligor under this Contract are backed by the full faith and credit of the Obligor.”
• In Wisconsin: Any mention of the term “Obligor” in this Contract is deleted and replaced with the term “Provider”. Section 14 “Cancellation and Refund” is amended as follows: A Contract may be cancelled by a Provider only for nonpayment of the Provider fee, material misrepresentation by the Contract holder to the Provider or Administrator, or substantial breach of duties by the Contract holder relating to the Product or its use. You may, within twenty (20) calendar days of the delivery of this Contract, reject and return this Contract for a full refund if no claim has been made. If We fail to credit a refund within forty-five (45) days after return of the Contract, a ten percent (10%) penalty per month applies to any refund not paid or credited. We will not deny Your claim solely because You did not obtain preauthorization if we are not prejudiced by Your failure to notify us. The Provider shall mail a written notice to the Contract holder at the last-known address of the Contract holder contained in the records of the Provider at least 5 days prior to cancellation by the Provider, (a) shall state the effective date of the cancellation and the reason for the cancellation, (b), The notice under par. (c), If a Contract is cancelled by the Provider for a reason other than nonpayment of the Provider fee, the Provider shall refund to the Contract holder hundred percent (100%) of the unearned pro rata Provider fee, less any claims paid. Subsequent to the period for voiding this Contract or if a claim has been made under the Contract, You may cancel this Contract and the Provider shall refund to the Contract holder hundred percent (100%) of the unearned pro rata Provider fee, less any claims paid. The Provider may charge a reasonable administrative fee for the cancellation, which may not exceed ten percent (10%) of the Provider fee. The following statement is added to Section 19 “Right to Recover from Others”: The Contract holder will be made whole before We may retain any amount We may recover. The following statement is added to Section 21 “Entire Contract”: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. The laws of the state of Wisconsin govern all matters arising out of or relating to this Contract and all transactions contemplated by this Contract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Contract. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible and within one (1) year after the time required by this Contract. Failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim.
• In Hawaii, Massachusetts, Maine, Maryland, Minnesota, Wyoming: The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 45 days of receipt of the retuned Contract, a ten (10%) percent penalty per month shall be applied to the refund.
• In Iowa, New York: The following statement is added to Section 14 “Cancellation and Refund”: If you cancel your Contract and do not receive a refund or credit within 30 days of receipt of the retuned service Contract, a ten (10%) percent penalty per month shall be applied to the refund.