TERMS AND CONDITIONS
PROTECTION PLAN
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: This is a legal contract. 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. It describes the protection You will receive in return for payment by You. Please keep this document in a safe place along with the Declarations Page You received when You purchased Your Product, as You may need them to verify Your coverage at the time of service. You must maintain the Product as recommended by the manufacturer's owner's manual or product warranty. Refer to the Declarations Page to determine the term of this Plan.
NOTICE: (1) ANY APPLICABLE SELLING RETAILER MAY BE RETAINING A PORTION OF ITS SELLING PRICE. THE PURCHASE OF THIS PLAN IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING. (2) ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER AND FILES A STATEMENT OF CLAIM OR ANY APPLICATION CONTAINING FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE.
DEFINITIONS:
(1) "Provider", "Obligor", "We", "Us" and "Our" mean the company obligated under this Plan, which is listed on the Declarations Page.
(2) “Administrator” means the entity listed as Administrator on the Declarations Page.
(3) “Service Fee” means the amount You are required to pay for covered repairs and replacements, if applicable.
(4) "Failure" means the failure of Your Product to perform its intended function due to mechanical or electrical breakdown resulting from defects in materials or workmanship during normal usage of Your Product incurred after the Effective Date of this Plan.
(5) "Plan" means the terms, conditions, limitations, exceptions and exclusions, including Your Declarations Page as defined below.
(6) "Product" means the item(s) shown on the Declarations Page for the items eligible for this Plan.
(7) "Declarations Page" means the document provided to You which shows the Plan You purchased, the amount You paid for this Plan and the Product covered under this Plan.
(8) "Selling Entity" means the entity selling the Product and/or this Plan.
(9) "You" and "Your" refer to the purchaser of the Product covered by this Plan.
PRODUCT ELIGIBILITY: This Plan covers the Product purchased and manufactured for use in the United States and listed on Your Declarations Page, which at the time of purchase of this Plan is functional. The Covered Product shall include any accessories included in the original packaging. Coverage under this Plan is in addition to the coverage provided under any applicable manufacturer’s hardware warranty.
PLAN TERM: Your Plan will begin on the Effective Date and end on the Expiration Date, as indicated on Your Declarations Page.
SERVICE FEE: You are required to pay any applicable Service Fee as indicated on Your Declarations Page.
WHAT IS COVERED: This Plan provides for the reimbursement of the costs of covered parts and labor due to a Failure of the Product listed on Your Declarations Page. The reimbursement amount will cover the amount authorized by Us, up to the Limit of Liability. Non-original manufacturer’s parts of like kind and quality may be used for repair. In lieu of reimbursing You for the repair of the Product, We reserve the right, at Our sole discretion, to replace Your Product or reimburse You for the cost of a replacement product with equal or similar features and functionality of Your Product, not necessarily the same brand or color. The contract is considered fulfilled.
Accidental Damage from Handling Coverage (ADH Coverage): ADH Coverage provides protection against sudden and unforeseen accidental damage to Your Product, provided such damage was in the course of regular use of the Product by You, subject to the exclusions below. Please review Your Declarations Page to determine if You have purchased ADH Coverage. ADH Coverage does not provide protection against wear and tear, 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 unit functionality, or damage caused during shipment. If protective items such as covers, carrying cases or pouches, etc. were provided or made available for use with Your Product, it is expected that You will continually use these accessories for protection against damage to Your Product. “Abuse” is defined as Your intentional non-utilization of protective items during the use of Your Product, or Your treatment of the Product in a harmful, injurious or offensive manner that may result in its damage. Any resultant damage from this type of treatment is NOT covered by ADH Coverage.
IF YOUR PRODUCT NEEDS REPAIR: If You need to file a claim under this Plan, You must contact the Administrator 24 hours a day, 7 days a week at Our toll-free number at +1 929-567-9123 or online to www.mytechnova.com/claims for authorization. For faster service, please have Your Declarations Page available when You contact the Administrator. We will not pay for unauthorized repairs. When You receive authorization for repairs, the Administrator will provide a repair authorization amount. If the repair estimate you receive exceeds the authorized amount, please contact Us and We will either (1) reimburse you for the amount of the repair estimate you received or the cost of a replacement product of equal or similar features and functionality, up to the Limit of Liability, or (2) provide you with a replacement product of equal or similar features and functionality. If Your Plan expires during the time of an approved repair or replacement, this Plan is extended until the repair or replacement has been completed. A paid invoice from the service center performing the repair will be requested to receive reimbursement.
You are obligated to provide information relating to the cause, nature, and timing of any Failure. In accordance with the terms and conditions of this Plan, We will repair or replace the Covered Product under the following conditions:
(1) The Product is in good, safe, and proper working order on the Plan Effective Date (as that term is defined on the Declarations Page) of this Plan;
(2) The Product becomes inoperative from normal wear and tear or Accidental Damage from Handling after the Plan Effective Date;
(3) The Product is not covered by any other entity such as manufacturer, distributor, builder, any other extended warranty, or homeowner’s insurance policy;
(4) The Failure is reported during the term of this Plan;
(5) Any applicable Service Fee has been paid; and
(6) The Plan is paid in full at the time You request service.
WHAT IS NOT COVERED: THIS PLAN DOES NOT COVER ANY LOSS, REPAIRS OR DAMAGE CAUSED BY OR RESULTING FROM:
(A) PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (PRE-EXISTING MEANS A CONDITION THAT WITHIN ALL REASONABLE MECHANICAL OR ELECTRICAL PROBABILITY RELATES TO THE MECHANICAL FITNESS OF YOUR COVERED MERCHANDISE PRIOR TO PLAN ISSUANCE);
(B) IMPROPER PACKAGING AND/OR TRANSPORTATION DAMAGE DURING SHIPMENT TO A SERVICE CENTER OR RELOCATION OF THE COVERED PRODUCT;
(C) INSTALLATION, REMOVAL, REINSTALLATION OR IMPROPER INSTALLATION OF COMPONENTS, UPGRADES, ATTACHMENTS OR PERIPHERALS;
(D) PRODUCTS AND/OR COMPONENTS THAT ARE USED IN APPLICATIONS THAT REQUIRE CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION, OR ARE USED FOR COMMERCIAL, INDUSTRIAL OR PUBLIC USE PURPOSES OR OFFERED ON A RENTAL BASIS, OR COIN-OPERATED PRODUCTS;
(E) DAMAGE OR FAILURE CAUSED BY RIOT, NUCLEAR RADIATION, WAR OR HOSTILE ACTION, RADIOACTIVE CONTAMINATION, ETC.;
(F) DAMAGE FROM FREEZING OR OVERHEATING;
(G) NEGLECT, NEGLIGENCE, MISUSE, ABUSE, INTENTIONAL PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE, PHYSICAL DAMAGE OR MALICIOUS MISCHIEF, THEFT OR MYSTERIOUS DISAPPEARANCE, VANDALISM, RUST, CORROSION, WARPING, BENDING, ANIMAL OR INSECT INFESTATION, ETC. TO THE COVERED PRODUCT OR ANY COMPONENT;
(H) DAMAGE OR OTHER PRODUCT FAILURE DUE TO CAUSES BEYOND YOUR CONTROL SUCH AS ENVIRONMENTAL CONDITIONS, EXPOSURE TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, MOISTURE, WATER DAMAGE OF ANY KIND (UNLESS YOUR PRODUCT WAS PROTECTED AND WATER DAMAGE IS FROM UNINTENTIONAL EXPOSURE), WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.;
(I) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS;
(J) CONSUMED BATTERY FAILURE OR LEAKAGE;
(K) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, UNLESS COVERED UNDER A PLAN WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES;
(L) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT;
(M) IMPROPER OR INADEQUATE STORAGE;
(N) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART;
(O) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS;
(P) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER'S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER'S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE PRODUCT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS;
(Q) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER;
(R) REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIR, UNAUTHORIZED MODIFICATION OR ADJUSTMENT, ALTERATION OR MANIPULATION, OF ANY INTERNAL COMPONENT OR COVERED PRODUCT MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN;
(S) DAMAGE RESULTING FROM COMPUTER VIRUSES;
(T) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER'S ABILITY TO PAY FOR SUCH REPAIRS;
(U) ITEMS SOLD WITHOUT A MANUFACTURER'S WARRANTY OR "AS IS" OR ARE NO LONGER UNDER WARRANTY WHEN THIS PLAN IS PURCHASED;
(V) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS;
(W) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS PLAN, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS;
(X) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.;
(Y) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS;
(Z) CLEANINGS OR ANY REPAIR COVERED OR SHOULD BE COVERED BY A MANUFACTURER WARRANTY, PLAN OR OTHER INSURANCE;
(AA) SOFTWARE AND SOFTWARE RELATED PROBLEMS;
(AB) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS;
(AC) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE;
(AD) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS;
(AE) ANY DAMAGE TO RECORDING MEDIA INCLUDING ANY PROGRAM, DATA OR SETUP RESIDENT ON ANY MASS STORAGE DEVICES INCLUDING BUT NOT LIMITED TO HARD DRIVES, CD-ROM DEVICES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUPS AS A RESULT OF THE MALFUNCTION OF OR DAMAGE TO AN OPERATING PART OF THE COVERED PRODUCT;
(AF) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES;
(AG) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER'S WARRANTY OR ARE CONSIDERED EXPENDABLE OR CONSUMER REPLACEABLE ITEMS OR ANY NON-OPERATING OR NON-MOTOR DRIVEN MECHANICAL PART;
(AH) COST OF REMOVAL OR DISPOSAL OF THIS PRODUCT IN ORDER TO COMPLY WITH EPA DISPOSAL REQUIREMENTS;
(AI) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY, OR DEATH TO ANY PERSON ARISING OUT OF THE OPERATION, MAINTENANCE OR USE OF THE COVERED PRODUCT;
(AJ) SERVICE OR REPLACEMENT OUTSIDE OF THE UNITED STATES OF AMERICA OR CANADA (UNLESS FOR TEMPORARY TRAVEL); (AK) SERVICE EVENTS NOT REPORTED DURING THE TERM OF THIS PLAN.
(AL) EXCLUSIONS SPECIFIC TO CERTAIN PRODUCTS:
In addition to any applicable exclusions listed above, We do not cover damage caused by or due to:
(a) overheating caused by accumulation of dust, vermin or fan blockage; misuse and abuse;
(b) any storage media damaged by malfunctioning parts; improper installation of computer components or peripherals; repair or replacement of upgraded computer components when repair or replacement is required due to incompatibility of parts or incorrect installation; damage caused from refilled ink cartridges;
(c) corruption of any program; data or setup information resident on any hard drives and internal or external removable storage devices, as a result of the malfunctioning or damage of an operating part, or as a result of any repairs or replacement under this Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR ITEM, FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS PLAN, INCLUDING INHERENT PRODUCT FLAWS. YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS PLAN DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT.
IF YOUR COVERED PRODUCT EXPERIENCES A FAILURE OR DAMAGE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION OR IN THE EVENT OF A REPAIR INCIDENT WHEREIN THERE IS A "NO PROBLEM FOUND" DIAGNOSIS FROM THE MANUFACTURER OR A MANUFACTURER-AUTHORIZED REPAIR SOURCE, THEN YOU ARE RESPONSIBLE FOR ALL REPAIR COSTS INCLUDING SHIPPING COSTS AND/OR THE COST OF ON-SITE SERVICE.
SHOULD THE MANUFACTURER OF YOUR PRODUCT BECOME INSOLVENT OR SUBJECT TO BANKRUPTCY PROCEEDINGS OR THE MANUFACTURER NO LONGER PROVIDE PRODUCT SUPPORT AND ALL PARTS SOURCES HAVE BEEN EXHAUSTED DURING THE COVERAGE PERIOD OF THIS PLAN, ADMINISTRATOR AND WE SHALL BE EXCUSED FROM PERFORMANCE HEREUNDER AND YOU SHALL BE RECEIVE A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE PLAN LESS CLAIMS PAID.
CONDITIONS:
1. PLAN TERMS:
Accidental Damage from Handling (ADH) Coverage: If ADH Coverage is selected on Your Declarations Page, Coverage begins on the date indicated on Your Declarations Page and continues for the period defined on Your Declarations Page. Coverage for the mechanical or electrical Failure of Your Product is subject to the terms and conditions described above.
2. LIMIT OF LIABILITY: The total limit of liability of this Plan is the purchase price of the Product, less any fees and taxes. For each claim, We will pay the lesser of: (1) the cost of reimbursement for authorized repairs, or (2) the cost of a Product replacement with a product of equal or similar features and functionality. In the event that the total of any and all authorized repair reimbursements reaches the purchase price of the Product, or We replace the Product or reimburse you for the cost of a replacement Product of equal or similar features and functionality, the obligations of the Obligor, Administrator, and Selling Entity will be deemed fully satisfied by Us under this Plan.
3. RENEWAL: This Plan is not renewable.
4. TRANSFERABILITY: This Plan is not transferable to another Product owner.
5. SUBROGATION: If You have a right to recover against another party for anything We have paid under this Plan, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.
6. CANCELLATION: You may cancel this Plan by informing the Administrator of Your cancellation request within 30 days of the purchase of the Plan and You will receive a 100% refund of the full purchase price of Your Plan. If Your cancellation request is made more than 30 days from the date of purchase, You will receive a pro-rata refund of the Plan purchase price, minus the cost of repairs made (if any), and minus an administrative fee not to exceed $25 or 10% of the Plan purchase price, whichever is less, unless otherwise provided by state law. The cancellation provisions in this Plan only apply to the original purchaser of this Plan. Any refund due to You will be credited to any outstanding balance of Your account, and the excess, if any shall be refunded to You. We may not cancel this Plan except for fraud, material misrepresentation or non-payment of the Plan purchase price by You. If We cancel this Plan, We must provide You with a written notice at least 15 days prior to cancellation at Your last known address, with the effective date for the cancellation and the reason for cancellation. If We cancel this Plan, You will receive a refund based upon 100% of the unearned pro-rata Plan purchase price.
7. ENTIRE PLAN: This Plan, including the terms, conditions, limitations, exceptions and exclusions, and the Declarations Page for Your Product, constitutes the entire agreement and no representation, promise or condition not contained herein shall modify these items, except as required by law.