Care²
Provider/Obligor
Simply Mac, Inc.
155 N. 400 W. #300
Salt Lake City, Utah 84103
801.308.1400
Congratulations on purchasing this Service Agreement.
Please read these terms and conditions carefully so that you fully understand your coverage.
Definitions
“We”, “Us” “SM,” and “Our” shall mean the provider/obligor, Simply Mac, Inc., as indicated above.
“You” shall mean the purchaser of this Service Agreement as indicated by the Receipt.
“Purchase Price” shall mean Purchase Price of this Service Agreement is printed on the purchase receipt (“Receipt”) provided to You at the time of Your purchase of this Service Agreement from SM.
“Covered Product” shall mean the product for which You purchased this Service Agreement and which is listed on Your Receipt.
Term
The term of the Service Agreement shall commence on the date of purchase of the Covered Product and end one or two years from that date depending on which coverage term You selected as indicated on Your Receipt. This Service Agreement does not replace the manufacturer’s warranty but provides the additional benefits set forth herein during the term hereof.
Items Covered
This is not an insurance policy. This Service Agreement covers a mechanical or electrical failure of the Covered Product due to a defect in materials or workmanship which takes place during normal usage of the Covered Product for the Term of this Service Agreement, if the failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract.
In the event of a covered mechanical or electrical failure, We will, at no extra charge to You, either (1) repair the hardware defect, using new or refurbished replacement parts or non-original manufacturer replacement parts, or, at Our sole option (2) exchange the Covered Product with a product that has been manufactured from new or serviceable refurbished parts that is functionally equivalent to the Covered Product. When a part or product is replaced, any replacement item becomes Your property, and the replaced item shall become SM’s property. In addition, this Service Agreement provides additional coverage for accidental damage from handling (ADH) which includes protection from damage caused by drops and spills associated with the normal use and handling of Your product. This Service Agreement will provide protection for two instances of ADH wherein the Covered Product requires repair but not replacement (cracked glass). Or, this Service Agreement will provide protection for one instance where the Covered Product requires repair followed by one instance where the Covered Product requires replacement. However, in no instance will this Service Agreement provide protection after two ADH repairs or after the product has been replaced. ADH coverage does not provide protection against theft, loss, reckless or abusive conduct associated with the handling of Your product. This Service Agreement also protects against the operational failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories- approved surge protection and may be asked to provide Your surge protector for examination.
Deductible
There is no deductible.
Items Not Covered
This Service Agreement does not provide protection against normal wear and tear, theft, loss, negligence, viruses, reckless, abusive, willful, or intentional misconduct associated with the handling and use of the Covered Product, cosmetic damage and/or other damage that does not affect its functionality, or damage caused during shipment between You and Our service providers. If protective features such as covers, carrying cases or pouches, etc., were provided or made available for use with the Covered Product, it is expected that You will continually use such product accessories for protection against damage. Abuse is defined as Your intentional non-utilization of protective items during product use or Your treatment of the Covered Product in a harmful, injurious manner that may result in its damage.
This Service Agreement does NOT cover damage from this type of treatment or from the following:
Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Covered Product in accordance with the manufacturer’s specifications and the owner’s manual, including, but not limited to, theft or loss, exposure to weather conditions, failure properly to clean, maintain, or lubricate the Covered Product, operator negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other peril originating from outside the Covered Product; Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality of the Covered Product; Screen imperfections, including “burn-in”. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein; Accessories such as power adaptors and/or consumer replaceable or consumable items such as, but not limited to, batteries, bulbs, toner, ribbons, ink cartridges, drums, belts, printer heads, etc.; Covered Product(s) with removed or altered serial numbers; Damage or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); Damage to computer hardware, software, and data caused by, including, but not limited to, viruses, 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; or Charges related to transportation damage, customer education, cleaning, preventive maintenance, “no problem found” diagnosis, non-failure problems, including, but not limited to, items not covered such as noises, squeaks, etc., and intermittent issues which are not considered product failures. Damage from pre-existing conditions.
What to Do if a Covered Product Requires Service
Within 60 days of the operational failure of the Covered Product, You must take the Covered Product to any SM location or phone our Service HQ at (855) 474-7717. If you are unable to take the Covered Product to a SM location, you may ship the Covered Product to Us and the repaired or replaced Covered Product will be shipped back to You. Authorization is required prior to shipping the Covered Product to Us. You must pay shipping to Us; however, We will pay return shipping in order to return the repaired or replaced item to You.
Purchaser Records
You must have in Your possession a copy of Your original Receipt in order to present a claim to SM.
Limit of Liability
In the event We make payments for repairs which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
Transfer of Service Agreement
This Service Agreement may be transferred to any person in the United States. However, the ability to return or cancel this Agreement for a refund of the Purchase Price is nontransferable.
No Lemon Policy
If, within any twelve (12) month period, Your Covered Product has three (3) service repairs (non-ADH) completed by SM for the same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of a Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.
Cancellation
You may cancel this Service Agreement for any reason at any time. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price. If a claim has been made during this time period or after thirty (30) days, you may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and a $20.00 administrative fee where allowed by law.
We may cancel this Service Agreement at Our option on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a pro rata refund less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Agreement, written notice, including the effective date and the reason for cancellation, will be mailed to You at least 15 days prior to the effective date of termination. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.
Renewal
At our discretion, we may offer you a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the covered product, and current service cost at the time of renewal. It is our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If we elect to offer to renew this Service Agreement, we will send you a Renewal Offer at that time.
Entire Contract
This Service Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise or condition not contained herein shall modify these terms.
State Variations
The following state variations shall control if inconsistent with any other terms and conditions:
State Specific Provisions
Alabama: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel this service agreement after thirty (30) days or after claim has been made, We will send to You a prorated refund of the purchase price of the service agreement less an administrative fee of twenty-five dollars ($25). If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You, or a substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation. Any refund due to You will be credited to any outstanding balance of Your account and the excess, if any, will be refunded to You.
Arkansas: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a service agreement reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, We will refund to You a prorated refund of the Purchase Price of this service agreement based on days, less any claims paid.
Colorado: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel the service agreement after thirty (30) days or after a claim has been made, We will refund to You one hundred percent of the unearned pro rata provider fee, less a ten percent (10%) administrative fee and any claims made. If We cancel this service agreement for any reason other than nonpayment, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the date of cancellation. If We cancel this service agreement for a reason other than nonpayment of the provider fee, We will refund to the You one hundred percent of the unearned pro rata provider fee, less any claims paid.
Connecticut: In the event of an unresolved dispute with Us, You may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816,
Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Covered Product, the cost of repair of the product, and a copy of the service agreement. You may cancel this Plan if You return the Product or the Product is lost, sold, stolen, or destroyed.
Florida: The rate charged for this service agreement is not subject to regulation by the Florida Office of Insurance Regulation. If You cancel this service agreement, Your refund will be based upon ninety percent (90%) of unearned pro rate purchase price less any claims paid or the cost of repairs made. If We cancel the service agreement, the refund is based upon one hundred percent (100%) of the unearned pro rata purchase price. Refunds may be made by cash, check, store credit, gift card, or other similar means; however, upon Your request the refund will be remitted by check.
Georgia: This is not a contract of insurance. If You cancel this service agreement after 30 days from purchase or if after a claim has been made, We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price, less a cancellation fee of ten percent (10%) of the pro-rata refund amount. This service agreement may not be canceled by Us except for fraud, material misrepresentation, or failure to pay consideration due therefore. Unless cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least thirty (30) days prior to the effective date of cancellation. If cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least ten (10) days prior to the effective date of cancellation. If We cancel this service agreement We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price. If a refund is owed due to Our cancellation of this service agreement and not paid as required, such refund is subject to a penalty equal to 25% of the refund owed and interest of 18% per year until paid; however, such penalty shall not exceed 50% of the amount of the refund. Our obligations are insured by a surety bond issued by Travelers Casualty and Surety Company of America , One Tower Square, Harford, CT 06183. If a claim or refund is not paid within 60 days after a proof of loss has been filed, you may file a direct claim against the surety.
Illinois: You may cancel this service agreement for any reason at any time. If You cancel within thirty (30) days of purchase of this service agreement, and We have not paid a claim, You will receive a full refund, less a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price. If You cancel after thirty (30) days or any time after we pay a claim, You will receive a pro-rata refund of the service agreement price based on the days remaining, less any claims that have been paid and a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price.
Indiana: Obligations of the provider under this service agreement are backed by Simply Mac Inc., 155 N. 400 W. #300, Salt Lake Ctiy, UT 84103, 801-308-1400. If You do not receive authorization or denial of a repair request with sixty (60) days of such request, You may claim for such repair directly against Simply Mac. Proof of payment to Us for the service agreement constitutes proof of payment to Simply Mac Inc..
Kentucky: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider.
Louisiana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days after Your cancellation request to Us will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.
Massachusetts: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation.
Minnesota: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for nonpayment, material misrepresentation by You, or a substantial breach of duties by the You relating to use of the covered product, notice of cancellation will be given five (5) days prior to the effective date of cancellation.
Missouri: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.
Montana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, material misrepresentation, or Your substantial breach of duties by You relating to use of the Covered Product We will mail You written notice of the cancellation, stating the effective date of and reason for the cancellation, to Your last known address in Our records five days prior to the effective date of the cancellation.
North Carolina: The purchase of this service agreement is not required either to purchase or to obtain financing for a home appliance. We may only cancel this agreement for nonpayment or for Your direct violation of the terms and conditions of this service agreement. Upon cancellation you will receive a pro rata refund, less any claims paid and an administrative fee of ten percent (10%) of the amount of the pro rata refund.
Texas: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. You may cancel this service agreement at any time. If You cancel within thirty (30) days after purchase, We will refund to You, or credit to Your account, the full purchase price of this service agreement, less any claims paid. If You cancel this service agreement after thirty (30) days, We will refund to You, or credit to Your account, the prorated purchase price of this service agreement reflecting the remaining term of this service agreement, less any claims paid and a fifty dollar ($50.00) cancellation fee. A refund of a service agreement provider fee that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You to us or because of a substantial breach of duties by You relating to the product or its use, We will mail a written notice to You at least ten (10) days prior to cancellation. The right of cancellation applies on to You, the original service agreement holder, and is not transferrable. We may cancel this service agreement for any reason at any time. If We cancel this service agreement for any reason other than nonpayment by you of the consideration for this service agreement, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the effective date of cancellation. If We cancel this service agreement, We will refund to You a prorated refund of the purchase price of this service agreement reflecting the remaining term of the service agreement, less any claims paid. If You purchased this Service agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599 or (800) 803-9202.
Washington: Obligations of the service agreement provider under this service agreement are backed by the full faith and credit of the service agreement provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within thirty (30) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this agreement for any reason, We will mail to Your last known address in Our records a written notice stating the effective date and reason for the cancellation at least twenty-one (21) days prior to the effective date of the cancellation.
Wyoming: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation, or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice stating the effective date and the reason for cancellation to Your last known address in Our records at least ten (10) days prior to cancellation.
The parties agree to the terms and conditions set forth herein.
____________________________
Simply Care
Congratulations on purchasing this Service Agreement.
Provider/Obligor
Simply Mac, Inc.
155 N. 400 W. #300
Salt Lake City, Utah 84103
801.308.1400
Definitions
“We,” “Us,” “SM,” and “Our” shall mean the provider/obligor, Simply Mac, Inc., as indicated above.
Congratulations on purchasing this Service Agreement. “You” and “Your” shall mean the purchaser of this Service Agreement as indicated by the Receipt.
“Purchase Price” shall mean the Purchase Price of this Service Agreement printed on the purchase Receipt provided to You at the time of Your purchase of this Service Agreement from SM.
Term
The term of this Service Agreement shall commence on the date of purchase of the Covered Product and end one or two year(s) from that date depending on which coverage term You selected as indicated on Your Receipt.
Items Covered
This is not an insurance policy. This Service Agreement covers against mechanical or electrical failure due to a defect in materials and workmanship under normal use of the Covered Product for the Term of this Service Agreement, if the failure of the Covered Product is not covered under any other warranty, insurance policy, or service contract. In the event that a mechanical or electrical failure occurs in Covered Product and a valid claim is received within the Term of this Service Agreement, at its option and to the extent permitted by law, SM will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts or non-original manufacturer replacement parts, or (2) exchange the Covered Product with a product that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the Covered Product. When a Covered Product or part is exchanged, any replacement item becomes Your property and the replaced item becomes SM’s property. This Service Agreement also protects against the operational failure of a Covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You must use an Underwriter Laboratories-approved surge protection and may be asked to provide Your surge protector for examination.
Deductible
There is no deductible.
Items Not Covered
This Service Agreement does not provide protection against normal wear and tear; theft; loss; negligence; viruses; reckless, abusive, willful, or intentional misconduct associated with the handling and use of the Covered Product; cosmetic damage and/or other damage that does not affect its functionality; or damage caused during shipment between You and Our service providers. If protective features such as covers, carrying cases, pouches, etc. were provided or made available for use with the Covered Product, it is expected that You will continually use such product accessories for protection against damage. Abuse is defined as Your intentional non-utilization of protective items during use of the Covered Product or Your treatment of the Covered Product in a harmful injurious manner that may result in its damage.
This Service Agreement does NOT cover damage from this type of treatment or from the following: Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Covered Product in accordance with the manufacturer’s specifications and the owner’s manual, including, but not limited to, use with non-Apple product, theft or loss, exposure to weather conditions, failure properly to clean, maintain, or lubricate the Covered Product, operator negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, rust, dust, corrosion, defective batteries, battery leakage, or acts of nature or any other peril originating from outside the Covered Product; Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality of the Covered Product; Screen imperfections, including “burn-in”. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein; Accessories such as power adaptors and/or consumer replaceable or consumable items such as, but not limited to, batteries, bulbs, toner, ribbons, ink cartridges, drums, belts, printer heads, etc.; Covered Product(s) with removed or altered serial numbers; Damage or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise); Damage to computer hardware, software, and data caused by, including, but not limited to, viruses, 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; Damage from pre-existing conditions; or Charges related to transportation damage, customer education, cleaning, preventive maintenance, “no problem found” diagnosis, non-failure problems, including, but not limited to, items not covered such as noises, squeaks, etc., and intermittent issues which are not considered product failures.
What to Do if a Covered Product Requires Service
Within 60 days of the operational failure of the Covered Product, You must take the Covered Product to any SM location or phone our Service HQ at (855) 474-7717. If you are unable to take the Covered Product to a SM location, you may ship the Covered Product to Us and the repaired or replaced Covered Product will be shipped back to You. Authorization is required prior to shipping the Covered Product to Us. You must pay shipping to Us; however, We will pay return shipping in order to return the repaired or replaced item to You.
Purchaser Records
You must have in Your possession a copy of Your original Receipt in order to present a claim to SM.
Limit of Liability
In the event We make payment for repairs to the Covered Product which in the aggregate are equal to the Purchase Price, less taxes, or if We replace the Covered Product with a new, rebuilt, or refurbished product of equal or similar features and functionality, We will have no further obligations under this Service Agreement.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF PROFITS, OR LOST DATE RESULTING FOM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
Transfer of Service Agreement
This Service Agreement may be transferred to any person in the United States, however, the ability to return or cancel this Service Agreement for a refund of the Purchase Price is nontransferable.
No Lemon Policy
If, within any twelve (12) month period, Your Covered Product has three (3) service repairs completed by SM for the same problem, which repairs are covered by this Service Agreement, and a fourth such repair for the same problem occurs, as determined by Us, the Covered Product will be replaced with a comparable product. The cost of the replacement will not exceed the Covered Product’s Purchase Price and may be less due to technological advances. The Covered Product and Receipts must be returned to Us along with authorized service receipts from the three (3) prior repair incidents to qualify. Preventive maintenance, checks, cleanings, diagnosis, customer education, accessory repairs or replacements, and computer software related problems are not considered repairs for the purposes of the No Lemon Policy. Upon replacement of the Covered Product, We will have no further obligation to repair or replace the replacement Product, and You will not be entitled to make any claims under this Service Agreement for its repair or replacement.
Cancellation
You may cancel this Service Agreement for any reason at any time. If You cancel this Service Agreement within thirty (30) days from the date of purchase and no claims have been made, You will receive a full refund of the Purchase Price. If a claim has been made or after thirty (30) days, you may cancel this Service Agreement and You will receive a pro rata refund, less any claims paid and a $20.00 administrative fee where allowed by law.
We may cancel this Service Agreement at Our option on the basis of nonpayment, fraud, misrepresentation, unauthorized repair, or unauthorized replacement. We reserve the right to inspect the Covered Product from time to time. If We cancel Your Service Agreement, You will receive a pro rata refund less any claims paid, where allowed by law. If this Service Agreement was inadvertently sold to You on a product which was not intended to be covered by this Service Agreement, We will cancel this Service Agreement and return the full Purchase Price of the Service Agreement to You. If We cancel this Service Agreement, written notice, including the effective date of and the reason for cancellation, will be mailed to You at least 15 days prior to the effective day of cancellation. No notice will be provided if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You relating to use of the Covered Product.
Renewal
At our discretion, we may offer you a renewal of this Service Agreement. If renewed, the renewal term and price may vary based on the age, condition of the covered product, and current service cost at the time of renewal. It is our discretion to determine the type of renewal benefits for which Your Covered Product is eligible. If we elect to offer to renew this Service Agreement, we will send you a Renewal Offer at that time.
Entire Contract
This Service Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and no representation, promise, or condition not contained herein shall modify these terms.
State Variations
The following state variations shall control if inconsistent with any other terms and conditions:
State Specific Provisions
Alabama: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel this service agreement after thirty (30) days or after claim has been made, We will send to You a prorated refund of the purchase price of the service agreement less an administrative fee of twenty-five dollars ($25). If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You, or a substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation. Any refund due to You will be credited to any outstanding balance of Your account and the excess, if any, will be refunded to You.
Arkansas: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a service agreement reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, We will refund to You a prorated refund of the Purchase Price of this service agreement based on days, less any claims paid.
Colorado: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If You cancel the service agreement after thirty (30) days or after a claim has been made, We will refund to You one hundred percent of the unearned pro rata provider fee, less a ten percent (10%) administrative fee and any claims made. If We cancel this service agreement for any reason other than nonpayment, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the date of cancellation. If We cancel this service agreement for a reason other than nonpayment of the provider fee, We will refund to the You one hundred percent of the unearned pro rata provider fee, less any claims paid.
Connecticut: In the event of an unresolved dispute with Us, You may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816,
Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Covered Product, the cost of repair of the product, and a copy of the service agreement. You may cancel this Plan if You return the Product or the Product is lost, sold, stolen, or destroyed.
Florida: The rate charged for this service agreement is not subject to regulation by the Florida Office of Insurance Regulation. If You cancel this service agreement, Your refund will be based upon ninety percent (90%) of unearned pro rate purchase price less any claims paid or the cost of repairs made. If We cancel the service agreement, the refund is based upon one hundred percent (100%) of the unearned pro rata purchase price. Refunds may be made by cash, check, store credit, gift card, or other similar means; however, upon Your request the refund will be remitted by check.
Georgia: This is not a contract of insurance. If You cancel this service agreement after 30 days from purchase or if after a claim has been made, We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price, less a cancellation fee of ten percent (10%) of the pro-rata refund amount. This service agreement may not be canceled by Us except for fraud, material misrepresentation, or failure to pay consideration due therefore. Unless cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least thirty (30) days prior to the effective date of cancellation. If cancelling for Your failure to pay consideration for this service agreement or if this service agreement has been in effect for less than 60 days, written notice of the cancellation stating the reason for and effective date of the cancellation will be mailed to Your last known address in Our records at least ten (10) days prior to the effective date of cancellation. If We cancel this service agreement We will refund to You one hundred percent (100%) of the pro-rata unearned purchase price. If a refund is owed due to Our cancellation of this service agreement and not paid as required, such refund is subject to a penalty equal to 25% of the refund owed and interest of 18% per year until paid; however, such penalty shall not exceed 50% of the amount of the refund. Our obligations are insured by a surety bond issued by Travelers Casualty and Surety Company of America , One Tower Square, Harford, CT 06183. If a claim or refund is not paid within 60 days after a proof of loss has been filed, you may file a direct claim against the surety.
Illinois: You may cancel this service agreement for any reason at any time. If You cancel within thirty (30) days of purchase of this service agreement, and We have not paid a claim, You will receive a full refund, less a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price. If You cancel after thirty (30) days or any time after we pay a claim, You will receive a pro-rata refund of the service agreement price based on the days remaining, less any claims that have been paid and a cancellation fee of the lesser of fifty dollars ($50.00) or ten percent (10%) of the service agreement price.
Indiana: Obligations of the provider under this service agreement are backed by Simply Mac Inc., 155 N. 400 W. #300, Salt Lake Ctiy, UT 84103, 801-308-1400. If You do not receive authorization or denial of a repair request with sixty (60) days of such request, You may claim for such repair directly against Simply Mac. Proof of payment to Us for the service agreement constitutes proof of payment to Simply Mac Inc..
Kentucky: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider.
Louisiana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days after Your cancellation request to Us will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.
Massachusetts: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice to Your last known address in Our records at least five (5) days prior to cancellation, stating the effective date of and reason for the cancellation.
Minnesota: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for nonpayment, material misrepresentation by You, or a substantial breach of duties by the You relating to use of the covered product, notice of cancellation will be given five (5) days prior to the effective date of cancellation.
Missouri: Obligations of the provider under this service agreement are backed only by the full faith and credit of the provider and are not guaranteed under a reimbursement insurance policy. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid.
Montana: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for any reason other than nonpayment, material misrepresentation, or Your substantial breach of duties by You relating to use of the Covered Product We will mail You written notice of the cancellation, stating the effective date of and reason for the cancellation, to Your last known address in Our records five days prior to the effective date of the cancellation.
North Carolina: The purchase of this service agreement is not required either to purchase or to obtain financing for a home appliance. We may only cancel this agreement for nonpayment or for Your direct violation of the terms and conditions of this service agreement. Upon cancellation you will receive a pro rata refund, less any claims paid and an administrative fee of ten percent (10%) of the amount of the pro rata refund.
Texas: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. You may cancel this service agreement at any time. If You cancel within thirty (30) days after purchase, We will refund to You, or credit to Your account, the full purchase price of this service agreement, less any claims paid. If You cancel this service agreement after thirty (30) days, We will refund to You, or credit to Your account, the prorated purchase price of this service agreement reflecting the remaining term of this service agreement, less any claims paid and a fifty dollar ($50.00) cancellation fee. A refund of a service agreement provider fee that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, a material misrepresentation made by You to us or because of a substantial breach of duties by You relating to the product or its use, We will mail a written notice to You at least ten (10) days prior to cancellation. The right of cancellation applies on to You, the original service agreement holder, and is not transferrable. We may cancel this service agreement for any reason at any time. If We cancel this service agreement for any reason other than nonpayment by you of the consideration for this service agreement, fraud or material misrepresentation by You, or a substantial breach of duty by You relating to the Covered Product, We will mail a written notice to Your last known address in Our records stating the effective date and reason for the cancellation at least five (5) days prior to the effective date of cancellation. If We cancel this service agreement, We will refund to You a prorated refund of the purchase price of this service agreement reflecting the remaining term of the service agreement, less any claims paid. If You purchased this Service agreement in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-6599 or (800) 803-9202.
Washington: Obligations of the service agreement provider under this service agreement are backed by the full faith and credit of the service agreement provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within thirty (30) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this agreement for any reason, We will mail to Your last known address in Our records a written notice stating the effective date and reason for the cancellation at least twenty-one (21) days prior to the effective date of the cancellation.
Wyoming: Obligations of the provider under this service agreement are backed by the full faith and credit of the provider. If You cancel this service agreement within 30 days and no claim has been made, a refund that is not paid or credited within forty-five (45) days will have added to it a ten percent (10%) penalty for every thirty (30) days the refund is not paid. If We cancel this service agreement for reasons other than nonpayment, material misrepresentation, or substantial breach of duties by You relating to use of the Covered Product, We will mail a written notice stating the effective date and the reason for cancellation to Your last known address in Our records at least ten (10) days prior to cancellation.
The parties agree to the terms and conditions set forth herein.
