REPAIR SERVICE AGREEMENT
In consideration of the amount paid on the invoice for this Repair Service Agreement (“Agreement”), and except as hereinafter provided, Federal Warranty Service Corporation (“FWSC”) P. O. Box 105689, Atlanta, GA 30348-5689], [1-877-881-8578] and in Oklahoma, Assurant Service Protection, Inc., [P. O. Box 105689, Atlanta, GA 30348-5689], [1-877-881-8578] will make all necessary repairs or replacement of the covered product and product parts resulting from normal wear and tear and from certain accidental damage such as liquid spills, electrical surges, accidental breakage, drops, falls or other collisions of the product identified on the invoice referenced above, at the owner’s address as identified on the invoice. Accidental damage coverage, as indicated on your invoice, must be purchased for accidental damage to be covered. This Agreement is not a contract of Insurance.
FWSC has retained Conn Appliances, Inc. (“Conn’s”), as its service administrator ("Administartor"), 3295 College Street, Beaumont, TX 77701. For customer assistance please contact Conn’s at www.Conns.com, check the local listings in your area for your nearest Conn’s Service Center or call 1-855-266-6349.
THIS AGREEMENT IS EFFECTIVE DURING THE TERM OF THE MANUFACTURER’S WARRANTY, AND THEREAFTER UNTIL THE END OF THE AGREEMENT; IT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY, BUT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY.
TERMS AND CONDITIONS
- Term: The coverage period for this Agreement starts on the date of purchase and expires on the date shown on the invoice, unless the Agreement is fulfilled in accordance with section 9, included but not limited to, replacement of the product.
- Additional Coverages: The following additional coverages are included: Computers: System restores, if needed (your original install CD may be required), back to the manufacturer’s specifications as a result of a covered repair. Televisions: Replacement of one defective remote control over the term of the Agreement. The defective remote may be required before a replacement is provided. Removal and reinstallation of a television on a stand or wall mount as a result of a covered repair. Appliances: Verified food loss of up to $150 on refrigerators and up to $250 on freezers, per occurrence, over the term of the Agreement as a result of a covered failure.
- Deductible:A deductible of $50 will apply to all repair services on [cell phones]. The deductible is due at the time service is scheduled.
- Service: Service shall be rendered during normal working hours and within the territory normally serviced by FWSC’s Administrator. For customer assistance in obtaining service under this Agreement, please contact Conn’s through its website at www.conns.com, check your local listings for your nearest Conn’s Service Center, or call 1-855-266- 6349.All service issues should be reported as soon as possible to prevent delays. If a carryin plan was purchased, you will responsible for delivering the product to your nearest Conn’s Service Center or Conn’s retail store. We may also elect to provide you a pre-paid shipping label to mail in your product for service. At the time of service you may have the option to purchase in-home service for an additional fee. If an in-home plan was purchased, service will be provided in the home. It may be necessary for a covered product to be removed from the home to complete repairs, but in such instances the Administrator will be responsible for all costs associated with transportation to and from the home. Please take precautions to protect software and data on all covered product before repairs.
- Exclusions: This Agreement excludes (a) damages caused by failure to maintain proper operating fluid levels, insect infestations or by other improper or negligent use of the products; (b) damages caused by corrosion or rust; (c) theft or damage caused by flood, fire, hurricane, tornado, or all other acts of God other than damage caused by a power surge; (d) consumable items such as knobs, cabinetry, trim, antennas, software, disks, needles, cartridges, glass, bulbs, belts, blades, tires, oil, filters, spark plugs, batteries, etc.; (e) commercial use of the product; (f) routine cleaning and maintenance of the product, as detailed in the owner’s manual for products such as air conditioners and lawn and garden products; (g) special, consequential or indirect damages, whether by contract, tort, or negligence; (h) verified food loss damages in excess of $150 on refrigerators and $250 on freezers; (i) damages/repairs covered by owner’s other insurance coverage; or (j) use of the product in a manner which would void the manufacturer’s warranty before or after the warranty period; (k) damage caused by accidents from liquid spills, drops, falls, initial TV installation, moving TVs to another location or other collisions (unless accidental damage coverage was purchased); (l) loss of data or software; (m) loss of function due to software modifications, rooting, unlocking, application (apps) installation, or any other modification from the factory installed software; (n) cell phone chargers, batteries, accessories; (o) damage as a result of causes other than ordinary prudent use for the purposes for which the Product was designed and (p) pre-existing conditions.
- Cancellation: Owner has the right at any time to request in writing to FWSC or through its Administrator, which is Conn’s, the cancellation of this Agreement. You may send your written cancellation request to Conn’s at the street address provided above or by email as provided at www.conns.com. If the request to cancel is made within thirty (30) days of the date this Agreement, and if no claim was made under this Agreement prior to the cancellation request, this Agreement will be void and the full purchase price will be refunded to you at your address on the invoice referenced above. If a claim was made within thirty (30) days of the date of this Agreement, you will receive the full purchase price less the cost of any claims. If you cancel this Agreement after thirty (30) days of the date of this Agreement, you will receive a pro-rated refund based on the time expired from the date of this Agreement as a percentage of the total term of this Agreement, less a twenty-five dollar ($25) cancellation fee or ten percent (10%) of the purchase price of this Agreement (whichever is less), less the cost of any claims paid under this Agreement. A ten percent (10%) penalty per month shall be added to any refund that is not paid or credited within forty-five (45) days after the return of the Agreement until you receive the full refund due. These provisions apply only to the original purchaser of this Agreement. In the event FWSC elects to cancel this Agreement, a written notice will be mailed to you at your last known address at least five (5) days prior to cancellation, which notice shall state the effective date of cancellation and the reason for cancellation. However, prior notice is not required if the reason for cancellation is a material misrepresentation relating to the covered property or its use. FWSC may cancel this Agreement at any time only for breach of contract, fraud or a material misrepresentation by you in obtaining this Agreement or presenting a claim for service, or for nonpayment by you, or if required to do so by a regulatory authority, and in the event of such cancellation a refund of 100% of the amount paid will be made to you, subject to the following sentence. Any refunds made by FWSC will be reduced by any amounts paid on your behalf for repairs of the covered product.
- Insurance: Our obligations under this Agreement are guaranteed by an insurance policy issued by American Bankers Insurance Company of Florida. If you do not receive any amount due you under this Agreement within sixty (60) days after you have submitted your claim to FWSC or its Administrator, you may file a claim directly with the Insurance Company. Please call 1-800-423-3830.
- Renewal: This Agreement is not renewable.
- Limit of Liability: FWSC’s limit of liability is the replacement value of the covered product, which shall be the cost of replacing the covered product with a product of equal or similar features and functionality, not to exceed the original purchase price of the covered product. If a covered product is replaced under the terms of this Agreement, the obligations of FWSC and its Administrator shall be fully satisfied, where allowed by law. If a product exchange is completed within the Conn’s return policy provisions or the manufacturer replaces the product, then coverage will continue on the exchanged or replaced product for the remainder of the Agreement term. Upon your notice of claim to the Administrator as provided above, under this Agreement for repair to the product covered by this Agreement, if the Administrator determines (i) that the covered product is non-repairable, (ii) repair parts become unavailable, (iii) the total repair cost for the product will exceed the cost to replace the product, (iv) the total time to repair the product from the date of the initial service call exceeds thirty days, or (v) it is unable to repair the product after three service attempts for the same component within a 12 month period, then:
- FWSCwill provide a replacement product with equal or similar features and functionality, up to the original purchase price of the covered product if a replacement product is available.
- If you refuse the replacement product, FWSCat its discretion, may issue a Conn's store credit , check, or gift card for the replacement cost of the covered product. In the event that the current market retail price of the replacement product is below the original retail price, the store credit, check or gift card shall be the current market retail price. If the current market price of the replacement product is greater than the original retail price, the store credit, check or gift card shall be equal to the original retail purchase price of the covered product.
- If a replacement product is unavailable, FWSCwill issue a Conn’s store credit a check, or gift card for the replacement value of the covered product. In the event that the current market retail price of a replacement product is below the original retail price, the store credit, check, or gift card shall be the current market retail price of the equivalent replacement product. If the current market price of the equivalent replacement product is greater than the original retail price, the store credit, check or gift card shall be equal to the original retail purchase price of the covered product.
- FWSCwill provide a replacement product with equal or similar features and functionality, up to the original purchase price of the covered product if a replacement product is available.
- Transfer: This Agreement is transferable upon FWSCor its Administrator receiving a written request from the original owner. The written request may be sent to Conn’s at the address listed above or by email as provided at www.conns.com.
This instrument sets forth the entire agreement between the parties and no representation, promise or condition not contained herein shall modify its terms. If services are required that are not included in this Agreement, they will by provided at regular repair rates.
- Privacy: Owners Obligation to Protect Private And Personal Information. It is your sole responsibility, to protect or secure or remove all data, including confidential, proprietary or personal information from the product, including, without limitation, SIM cards, memory cards, passwords, contacts, email, pictures or calendars. Consult your Users Guide to learn how to erase, secure or remove such information. Administrator shall not be responsible for the loss or disclosure of any data, including confidential, proprietary or personal information on any product.
- Arbitration or Mediation: If you and FWSC through its Administrator cannot agree to a satisfactory resolution of any dispute regarding the repair or replacement of the Product covered by this Agreement, after the completion of the process described in Item 9 of this Agreement, and after reasonable efforts on the parts of you and FWSC through its Administrator to resolve any remaining issues, OR if you feel that FWSC or its Administrator is not complying with its obligations under this Agreement, the following actions are available to you under the terms of this Agreement. If you do not understand these provisions and actions we recommend that you seek advice of an attorney to assist you in understanding your rights of enforcement of the terms of this Agreement.
|NOTICE OF ARBITRATION AGREEMENT|
This Agreement provides that all disputes between you and us will be resolved by meidiation or
You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).
FOR MORE DETAILS,
* Read the Section 13 below
* Call the American Arbitration Association at 1-800-778-7879
* To request mediation or arbitration, check out the American Arbitration Association's Website at www.adr.org
(13) The Dispute Resolution Program (mediation and arbitration):
As used in this Provision, "You" and "Your" mean the person or persons named in this Agreement, and all of his/her heirs, survivors, assigns and representatives. And, “We” and “Us” shall mean the Obligor identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer or distributor of its products (including without limitation Conn’s), and all of the dealers, licensees, and employees of any of the foregoing entities.
Any and all disputes arising out of or relating to this Service Agreement or any prior agreement between the parties, including without limitation the breach of any such agreement(s), shall be resolved exclusively in accordance with the Dispute Resolution Program, the last step of which is binding arbitration before a single arbitrator.
The parties shall first attempt to resolve any dispute informally through negotiation. In the event such efforts fail, either party may demand mediation by serving written notice on the other. Mediations shall be administered by the American Arbitration Association ("AAA") under its Commercial Mediation Procedures, available from the AAA at the phone and website listed above. The mediation shall take place at a mutually convenient time and place or, should the parties fail to agree, at any time and place designated by the mediator in accordance with the Commercial Mediation Procedures.
If mediation does not resolve the dispute or mediation is not demanded, any and all disputes shall be resolved either by 1) binding arbitration before a single arbitrator or 2) if the dispute is within the scope of its jurisdiction, a small claims court. Arbitrations shall be administered by the AAA in accordance with its Expedited Procedures of the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes in effect at the time the claim is filed with the AAA. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879 or visiting the AAA’s Website at www.adr.org. The fees for the arbitration will be set by the arbitrator in accordance with the Supplemental Procedures for Consumer-Related Disputes. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. THE ARBITRATOR IS EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION REMEDIES UNDER ANY APPLICABLE CONSUMER PROTECTION STATUTE. The arbitration shall take place at a mutually convenient location or, should the parties fail to agree, at any time and place designated by the arbitrator in accordance with the Supplemental Procedures for Consumer-Related Disputes. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Arbitration Provision. This Arbitration Provision shall inure to the benefit of and be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Agreement.
You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims.
You and We Understand and agree that because of this arbitration PROVISION neither you nor us will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any claim.
THE FOLLOWING STATE SPECIFIC REQUIREMENTS APPLY IF YOUR AGREEMENT WAS PURCHASED IN ONE OF THE FOLLOWING STATES AND SUPERSEDE ANY OTHER PROVISION HEREIN TO THE CONTRARY:
Notice for Arizona residents: The following is added to the Cancellation provision: No claim incurred or paid will be deducted from any cancellation refund regardless of who initiates the cancellation. We will not cancel or void this Agreement due to pre-existing conditions, prior use, or unlawful acts relating to the Product or misrepresentation by the Administrator or its subcontractors.
Arbitration cannot be an absolute dispute remedy and both parties must agree to arbitration. This arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions of A.R.S. §20-1095.09, Unfair trade Practices as outlined by the Arizona Department of Insurance. To learn more about this process, You may contact the Arizona Department of Insurance at 2910 N. 44th Street, 2nd Fl., Phoenix, AZ 85018-7256, Attn: Consumer Affairs. You may directly file any complaint with the A.D.O.I. against a Service Company issuing an approved Service Contract under the provisions of A.R.S. §§ 20-1095.04 and/or 20-1095.09 by contacting the Consumer Affairs Division of the A.D.O.I., toll free phone number 800-325-2548.
Notice for Colorado residents: Actions under this Agreement may be covered by the provisions of the “Colorado Consumer Protection Act” or “Unfair Practices Act”, articles 1 and 2 of Title 6, C.R.S. A party to such a contract may have a right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Notice for Louisiana residents: (12) Arbitration or Mediation and (13) The Dispute Resolution Program (mediation and arbitration) provisions are deleted.
Notice for New Mexico residents: The purchase of this Agreement is not required in order to purchase any Product(s). You have the duty to protect against further damage.
The following is added to the CANCELLATION provision:
Notice for Nevada residents: The purchase of the Agreement as a condition of approval of a loan or the purchase of goods is not permitted. Free Look: If this Agreement is returned within the first thirty (30) days of purchase and a refund is not credited within forty-five (45) days after the return, We shall pay the holder a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund, and any accrued penalties, remain unpaid. This provision applies only to the original purchaser. No claims or repairs incurred may be deducted from any refund.
The following is added to the CANCELLATION provision:
Notice for North Carolina residents: The Purchase of this Agreement is not required either to purchase or obtain financing for the covered Product.
Notice for Oklahoma residents: Coverage afforded by this Agreement is not guaranteed by the Oklahoma Insurance Guaranty Association
The Cancellation provision is deleted and replaced with the following:
Notice for South Carolina residents: You have the duty to protect against further damage. Free Look: You may, within twenty (20) calendar days of mailing of this Agreement, or ten (10) days if delivered at time of sale, reject and return this Agreement. Upon return of this Agreement within the applicable time period, if no claims have been made, You will be refunded the full purchase price. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after the return of this Agreement. This provision applies only to the original purchaser. If We do not timely resolve such matters within sixty (60) days of proof of loss, You may contact the South Carolina Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, or (800) 768-3467.All reference to check is deleted. The Cancellation provision is amended as follows: In the event FWSC elects to cancel this Agreement, a written notice will be mailed to you at your last known address at least fifteen (15) days prior to cancellation.
Notice for Texas residents: You have the duty to protect against further damage. All references to Service Administrator are amended to include the following: The Administrator Registration Number for Conn Appliances is 140. If You have a question or complaint, You may contact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202 or 1-512-463-6599. The obligations under this Agreement are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL 33157]. In the event any covered service is not provided to You by Us before the sixty-first (61st) day after proof of loss has been filed, or if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Agreement is canceled, You may apply directly to American Bankers Insurance Company of Florida. The purchase of this Agreement is not required in order to purchase or obtain financing. Free Look: If You cancel this Agreement before the thirty-first (31st) day after the date of purchase, We shall refund You or credit to Your account the full purchase price of the Plan and may not impose a cancellation fee. This provision applies only to the original purchaser of the Plan, and is not transferable.
LOSSES COVERED BY THE MANUFACTURER'S WARRANTY SUBJECT TO THE FOLLOWING: If the covered product is repaired or replaced by FWSC due to any defect for which the manufacturer or its agents or suppliers may be legally responsible separate and apart from or notwithstanding the terms of the manufacturer's warranty, you agree to subrogate and assign to FWSC all of your rights of recovery against the manufacturer, up to the amount paid to you by FWSC or the cost of the replacement product provided to you by FWSC. You will be reimbursed for any reasonable costs and expenses which you incur in connection your subrogation and assignment to FWSC of your rights against the manufacturer, including reasonable attorney’s fees and other related costs consistent with your compliance.
If you have any complaints that are not resolved by FWSC or its Administrator, you may contact your local Better Business Bureau or the Office of the Attorney General of your state of residency: www.azag.gov; www.colorado.gov; www.ag.state.la.us; www.mid.ms.gov; www.nmag.gov; www.ncdoi.gov;http://ag.nv.gov; http://doi.sc.gov; www.TexasAttorneyGeneral.gov; www.tn.gov/insurance;or www.oag.state.ok.us.
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Customer signature acknowledging receipt and their understanding of this Agreement is on the Invoice referenced above to which this Agreement is attached.