Moto Care coverage terms and conditions
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MOTO CARE PROTECTION PLAN
This Service Contract is issued to You and includes the terms and conditions below, any state specific disclosures, any other applicable disclosures, as well as Your Coverage Confirmation. This Service Contract covers the Product(s) described on Your proof of coverage, or if applicable, Your receipt, other enrollment documentation, or Your Product Profile ("Coverage Confirmation"). We may require You to provide these documents prior to Your service event. This is not an insurance contract.
COVERAGE UNDER THIS SERVICE CONTRACT IS SECONDARY TO COVERAGE PROVIDED EITHER BY YOUR MANUFACTURER OR PRODUCT SELLER’S WARRANTY. DURING THIS WARRANTY PERIOD, LOOK FIRST TO YOUR MANUFACTURER OR PRODUCT SELLER FOR BREAKDOWN ISSUES. THIS SERVICE CONTRACT DELIVERS ADDITIONAL SERVICES FOR YOUR PRODUCT DURING THIS WARRANTY TIMEFRAME.Accessories are items included with Your Product purchase. They may include for smartphones, the battery, wall charger, and USB charging cable. Accessories are eligible for coverage only when claimed as part of a Product service event.
Administrator means the entity responsible for managing the benefits and services outlined in this Service Contract. The Service Contract Administrator is Motorola Mobility LLC The address and phone number is 222 W Merchandise Mart Plaza Chicago, Illinois, 60654, 1-800-734-5870.
Breakdown means during the Service Contract term, if You submit a valid claim on a Product, notifying Us of a mechanical or electrical failure or other defect in materials and workmanship that is outside of the manufacturer's warranty period, We will arrange to service the Product with the necessary parts and/or labor as outlined in this Service Contract.
Coverage Type means the package of services and coverages provided under this Service Contract as listed on Your Coverage Confirmation. The Coverage Type You select at enrollment determines the coverages available under this Service Contract.
Damage means during the Service Contract term, if You submit a valid claim on a Product
notifying Us of a failure due to accidental damage from handling, We will arrange to service the
Product.
Refer to Your Coverage Confirmation to see if Damage is included in Your Coverage Type and
available
for Your Product type.
Power Surge means a Product failure resulting from a voltage oversupply. For consumer electronics, claimed Products must be connected to a surge protector approved by the Underwriter's Laboratory, Inc. at the time of loss. Power Surge does not include damage resulting from the improper installation or improper connection of the Product to a power source. Refer to Your Coverage Confirmation to see if Power Surge is included in Your Coverage Type and available for Your property type.
Product Profile (if applicable) means the personal user account You create with Us to register and manage Your Product(s) and view Your coverage details (including the Product(s), Coverage Type, coverage term, price, applicable Service Fee (if any), and other applicable coverage information.
Products(s) means Your eligible property listed on Your Coverage Confirmation or any eligible property registered by You and approved by Us. For eligible smartphones, Product includes its Accessories. In addition, at Our discretion, coverage may extend to any replacement property provided by the Product Seller, the manufacturer, or by Us.
Provider means the entity that is contractually obligated to You under the terms of this Service Contract. The Service Contract Provider is National Product Care Company, except in Arizona, Florida, and Oklahoma, where it is SERVICE SAVER, INCORPORATED, in Florida, Our license number is 80173, in Oklahoma Our license number is 44198049; 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. The address and phone number of each Provider is 175 West Jackson Blvd, Suite 810, Chicago, Illinois 60604 1-800-209-6206.
Seller is the entity that made available this Service Contract as listed on Your Coverage Confirmation.
We/Us/Our means the Provider, the Administrator, or our third party authorized servicers.
You/Your means the Product(s) owner under this Service Contract.
This Service Contract begins on the date listed on Your Coverage Confirmation. We reserve the right to deny coverage for any property that You do not register or that We do not approve as Product. In addition, We may disapprove enrollment in this Service Contract for any reason. Should We disapprove coverage, We will notify You within thirty (30) days of Your enrollment or Product registration and refund any applicable price collected. Your coverage start date, Coverage Type, term, end date, price, Service Fees, and other coverage specifics are listed on Your Coverage Confirmation.
For those who purchase month to month coverage or a renewable term option (when offered), Your Service Contract will renew automatically at the end of Your Coverage Term as listed on Your Coverage EPP20010S-0524 Page 2 of 6 EPP20010S-0524-MOTOC-0925 Confirmation unless cancelled or not renewed previously by either You or Us. The affirmative consent to this provision is obtained from You at the time of purchase.
What is coveredIn exchange for the price paid, this Service Contract covers one or more the following benefits as determined by Your Coverage Type:
Breakdown, Power Surge and Damage: If during the Service Contract term, You submit a valid claim on a Product to notify Us of a Breakdown, Power Surge or Damage, We will arrange to repair or replace the claimed Product.
In addition, during the Service Contract term, We may provide You with other services specific to Your Product(s). These limited benefits may include (but are not limited to) support, content backup and security services, claims management tools, alternative servicing and upgrade options, rewards benefits, discounts, and promotions. Certain features of these services may not be available on or compatible with all Product types.
WHAT IS NOT COVEREDWe will not provide service to a Product with failure or damage that results from:
1. Breakdown or damage caused by improper installation, the use of improper cleaning methods or products (outside of the manufacturer’s recommendation), or relocating a non-portable Product from one location to another.
2. Breakdown or damage caused by:a. misuse, reckless, excessive or abusive, willful or intentional conduct associated with handling and use of the Product, including vandalism;
b. exposure to environmental or weather conditions outside of the manufacturer’s guidelines;
c. rust or corrosion;
d. acts of God, or other external causes such as fire, except as described in What Is Covered;
e. an improper electrical/power supply;
f. leaking Product battery (or any other leaking substance on or within the Product);
g. service performed by anyone not authorized by the manufacturer or Us or any unauthorized alterations; or
h. any other force majeure or event originating from outside the Product.
3. Operating the Product outside the permitted or intended use as described by the manufacturer. A Product with an altered, defaced, or removed serial number. Or, a Product modified by You or with Your knowledge to alter its functionality or capability without the manufacturer’s written permission.
4. A Product that was lost, stolen or damaged (when Damage is not part of Your Coverage Type).
5. A Product that is not returned to Us in its entirety.
6. Neglect, including when required maintenance and/or cleaning are not performed as specified by the manufacturer; or damage from accumulation of buildup of dirt, dust, oil, or other substance (including human or pet bodily oils, perspiration, bodily fluids or functions).
7. Cosmetic damage (unless specified in What Is Covered), including but not limited to scratches, dents, or housing cracks that do not otherwise affect the functionality of a Product.
8. Damage caused by normal wear and tear or which is otherwise due to the Product’s normal aging (unless specified under Breakdown).
9. Pre-existing conditions known by You that occurred prior to the coverage start date or parts and/or labor for defects that are subject to a manufacturer’s warranty or recall.
10. No problem found diagnosis or issues that could be resolved with a software upgrade.
11. Any intentional dishonest, fraudulent or criminal act by You, any authorized user, anyone You entrust with the Product, or anyone else with an interest in the Product for any purpose, whether acting alone or in collusion with others.
12. Any liability for damage arising from delays or any indirect, consequential, or incidental damages due to a claim event. This includes but is not limited to loss of use, loss of business, or down time from delays in repair.
13. Any claim incurred prior to the coverage benefit start date as identified in When Coverage Begins and Ends.
14. Any other act or result not described in What Is Covered.
YOUR RESPONSIBILITIESTo receive service or support under the Service Contract, You agree to comply with each of the terms listed below.
1. Back up all software and data (as applicable) that resides on Your Product(s). DURING A SERVICE EVENT, WE MAY DELETE THE PRODUCT CONTENT AND REFORMAT THE STORAGE MEDIA. We will return Your Product or provide a similar replacement as originally configured by the manufacturer, subject to applicable updates. You will be EPP20010S-0524 Page 3 of 6 EPP20010S-0524-MOTOC-0925 responsible for restoring all other software programs, data, and passwords.
2. Update software (as applicable) to currently published releases prior to seeking service.
3. As part of a service event, provide a detailed description about where and when the issue occurred as well as the symptoms and causes of the issues with the Product. In addition, We will need to know of any actions taken to resolve the issue prior to calling Us.
4. Respond to Our requests for information, including but not limited to the Product ownership, the Product’s serial number, model, version of the operating system and software installed, any peripherals connected or installed on the Product, any error messages displayed, the actions which were taken before the Product experienced the issue and the steps taken to resolve the issue.
5. Pay any applicable Service Fee as described below. We will deny the service event if You fail to pay any applicable Service Fee or fail to provide information relating to the service request when asked.
6. Follow the instructions We give You, including but not limited to unlocking Your Product, turning off location features, resetting the Product to factory settings, removing Your data/registration from the Product, refraining from sending accessories that are not subject to service, and packing the Product according to the shipping instructions (when applicable to Your Product type).
7. When receiving onsite service, make sure the Product is accessible in an unobstructed and safe location within reach of an appropriate manufacturer-specified wall outlet. An adult of legal age must be present at time of service.
8. Do not open a Product as resulting damage is not covered by this Service Contract. Only We, the manufacturer, or an authorized servicer approved by Us should perform service on a Product.
9. Protect the Product from damage and perform any routine care and preventative maintenance as designated by the manufacturer as well as comply with the manufacturer’s permitted and intended use.
HOW TO OBTAIN SERVICE AND SUPPORTAll claims for service must be reported as soon as reasonably possible. This Service Contract covers only those service events reported within thirty (30) days of the date of the Product(s)’ Breakdown, Power Surge, or Damage.
We may subcontract or assign delivery for elements of Our obligations under this Service Contract to third parties, when applicable; however, this does not relieve Us of Our obligations under this Service Contract.
To arrange for service, contact Us at 1-800-734-5870. We will assist You to determine the issue with the Product. To the extent that We confirm a service event, We will process Your claim and arrange for service based on the services available for Your Product type, Coverage Type, and applicable services.
We will use new or refurbished parts (when We provide the repair parts) or replacements for any hardware benefit under this Service Contract that are like kind and quality in performance and reliability.
SERVICE OPTIONSWe will setup service with an authorized servicer determined by Us based on the service available at Your location, for Your Product type, as well as the service that You purchased. Our repair options include:
1. If We determine that the Product requires in-home/onsite service, We will repair Your Product at Your location where available. An adult (of legal age) must be present at the time of repair. Should We determine during the repair visit that We need to repair Your Product elsewhere, We will transport Your Product to and from Our repair center.
2. If the Product qualifies for carry-in service, We either will setup a service event for the repair to be performed at an authorized repair center of Our choosing or arrange with You to take the Product for service and reimburse You (with applicable receipt). You must contact Us to receive a repair authorization prior to service. You may be responsible for transporting Your Product to/from the repair center and assume any corresponding cost.
3. If We determine that the Product is eligible for mail-in service, We will send You a prepaid shipping label (and, if needed, packaging material) for You to ship the Product to an authorized repair center according to the instructions provided by Us. Once service is complete, We will return the Product to You.
4. Depending on the claimed Product and the Coverage Type, We also may provide to You repair advice, products to aid in stain removal, and/or individual parts to replace broken parts.
If the manufacturer’s warranty covers the replacement part but not labor at the time of Breakdown, this Service Contract will provide the applicable labor to repair the Product.
Should We choose to replace Your claimed Product because either We are unable to repair it, the repair cost exceeds the current retail replacement value of the Product, or Your Service Contract is a product replacement plan, We, at Our option, will either:
1. Replace the Product with a new or refurbished replacement that is equivalent to new in performance and reliability. While We will try to accommodate specific replacement preferences, this request is not guaranteed. The price of the replacement will not exceed the Maximum Coverage Per Claim (specified below).
2. Issue a cash credit equal to the value of the replacement product, not to exceed the Maximum Coverage Per Claim. The cash credit, with Your authorization, will be deposited in Your account with the Seller to pay the balance due on the claimed Product or may be used by You toward the purchase of any eligible replacement of Your choice or used to upgrade to another product.
3. Provide a settlement equal to the value of the replacement, not to exceed the Maximum Coverage Per Claim.
4. Or, We will advance exchange Your Product with a new or refurbished replacement of like kind and quality to Your Product. While We will try to accommodate specific replacement preferences, this request is not guaranteed.
If advanced replacement is appropriate to Your Product type, We may require a credit card authorization or other method as security for the retail price of the replacement plus applicable shipping costs. We will ship a replacement to You with setup instructions and directions to return the claimed Product, when required. If You return the claimed Product as instructed, We will cancel the credit card authorization. If You fail to return the claimed Product as instructed or return a claimed Product or part that is ineligible for service, We will charge the credit card for the authorized amount. If You are not able to provide a credit card authorization when required, We will offer to You an alternative service option.
When You receive either the replacement, cash credit, or settlement, the damaged/unrepairable Product becomes Our property should We choose to take possession of it at Our sole discretion.
You may be responsible for transporting the claimed Product to Us and assume any subsequent travel or shipping costs such as express or expedited shipping, or any reshipping expenses.
We reserve the right to change the method by which We provide repair or replacement service to You, and the Product’s eligibility to receive a particular method of service.
We cannot guarantee that any service or replacement will result in an exact match (such as make/model, materials, or color matches) to the claimed Product. This may be due to availability or differences in dye lots, natural grains, external conditions, or other similar reasons. If We choose to service a Product that is part of a set, We will repair or replace only the piece that is broken or damaged.
No Lemon Guarantee – During the coverage term, if Your Product has three (3) separate repairs events completed under this Service Contract and requires a fourth (4th) as determined by Us for the same Breakdown during the coverage term, We will issue a replacement or settlement, not to exceed the Product’s original retail price including tax. We may require documentation as part of this benefit.
="font-size: 28px;">LIMITS OF LIABILITYYour Maximum Coverage Per Claim is the original Product purchase price, excluding sales tax and delivery charges.
In addition, the following limits apply: The maximum number of repairs or replacements is three (3) for Damage claims. No further repairs or replacements will be provided. Such repair or replacement shall constitute fulfillment of the Service Contract and will discharge all further obligations.
There are no limits for Breakdown claims during the coverage term.
SERVICE FEEYou will be assessed a non-refundable Service Fee plus applicable sales tax each time a claimed event is fulfilled.
Service Fee Schedule:
| Product | |
| Service Fee | See Coverage Confirmation |
TERRITORY
The service options and Service Fees listed above for Product services are available for claim events within the United States. Claim events that occur outside the United States or its territories must be reported and processed in the United States.
INELIGIBLE FOR COVERAGE
This Service Contract does not cover personal property held in inventory, personal property held as Your stock in trade, or personal property bought for and/or used in a commercial setting. Your property either not registered with Us or approved for coverage by Us as outlined under Product(s) and When Coverage Begins, or property not authorized or intended for sale in the United States by the manufacturer are ineligible for coverage under this Service Contract.
CANCELLATION
You may cancel this Service Contract at any time for any reason by contacting 1-800-734-5870.
If You cancel, do not renew Your account with the Seller for any reason, including nonpayment, this constitutes cancellation of the Service Contract by You, subject to the terms and conditions of this Service Contract.
If this Service Contract is cancelled within the first thirty (30) days of the coverage start date, the price has been paid, and no service events have been paid, the Service Contract is void and We will issue a full refund, including applicable sales tax.
If You cancel after the first thirty (30) days or when You incur a paid claim, this Service Contract will cancel and We will issue a refund for any unearned pro rata price paid less any claims paid as of the cancel date in addition to an administrative fee (not to exceed ten percent (10%) of the Service Contract price or twenty-five dollars ($25) whichever is less.
For month-to-month coverage, cancellation may occur upon request at the end of the billing cycle period.
We are not responsible to provide You written notice of cancellation when You cancel this Service Contract.
We may cancel this Service Contract within the first sixty (60) days for any reason. Once coverage has been effective for sixty (60) days or more, We may only cancel this Service Contract for (1) nonpayment of the price; (2) fraud or material misrepresentation; or (3) breach of duties by You.
If We cancel, We will provide written notice, with the cancellation date and the reason for cancellation, at the last known mailing or electronic address (depending on Your chosen form of communication) at least thirty (30) days before cancellation. We will refund the unearned pro-rata price less any claims paid.
RENEWALFor those who purchase a renewable term option, We have the right to non-renew this Service Contract with thirty (30) days advance written notice to You.
For all other coverage terms, at the coverage end date, We may choose, at Our option, to offer You a renewal of this Service Contract; although, We are not obligated to do so. We are not obligated to accept a Service Contract renewal tendered by You.
In addition, We retain the right to revise this Service Contract and adjust the coverage terms including the price and Service Fee upon renewal. In the event of a material change, We will provide You with thirty (30) days advance written notice of such change. You may cancel coverage at any time. If You pay the coverage price after this notification, You agree to these changes.
TRANSFER
This Service Contract is not transferable to another individual or entity.
CHANGES
The Service Contract originally issued to You will remain in effect throughout Your coverage term.
If We adopt any revision which would broaden the coverage under this Service Contract without additional payment from You within sixty (60) days prior to, or during the coverage period, the broadened coverage will immediately apply to this Service Contract.
OTHER CONDITION
1. If You provide Your mobile number or email address to Us or the Seller, We may electronically deliver all notices, documents and communications related to this Service Contract to You through these channels. You may opt out of electronic communications at any time.
2. We may choose to offer promotions from time-to-time under this Service Contract valued up to the limits regulated under state law.
3. The Provider under this Service Contract is insured by a reimbursement insurance policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Suite 810, Chicago, Illinois 60604, 1-800-734-5870. 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, Suite 810, Chicago, Illinois 60604, (1-800-734-5870).
4. The purchase of this Service Contract is not required to obtain financing or to purchase property or goods.
ARBITRATIONRead the following arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action.
This Service Contract requires binding arbitration if there is an unresolved dispute between You and Us and/or the Selling Store concerning this Service Contract (including the cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute.
The Consumer Arbitration Rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Service Contract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at 175 West Jackson Blvd., Chicago, IL 60604, Attn: Law Department. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer.
One mutually agreed upon arbitrator will be identified. We will advance to you all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Contract and all transactions contemplated by this Service Contract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Contract. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Contract is unenforceable, the portion of this Service Contract that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Contract that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Contract shall be unenforceable in its entirety.
Certain states require special disclosures or provisions that may vary from the provisions above. The following state variations apply only when there is inconsistency.
AL, AR, ME, MO, NY, OR, SC, UT, VT and WA: If an emergency occurs that requires repair when We are closed and cannot provide authorization, you may contact Us immediately following the emergency repairs to report the claim.
AL, AR, CO, MA, ME, MN, MO, NJ, NM, NV, NY, SC, WA, WI and WY: If You cancel this Service Contract within the first twenty (20) days after the date the Service Contract was mailed or within ten (10) days of delivery, the price has been paid, and no service events have been paid, the Service Contract is void and We will issue a full refund including applicable tax.
MD and VT: If You cancel this Service Contract within the first twenty (20) days after receipt, the price has been paid, and no service events have been paid, the Service Contract is void and We will issue a full refund including applicable sales tax.
AL, AR, CO, DC, GA, HI, MA, MD, ME, MN, MO, NJ, NY, NV, SC, TX, WA, WI and WY: A ten percent (10%) penalty per month (or portion thereof) and any accrued penalties shall be added to any refund not paid to You within forty-five (45) days thirty (30) days in WA after this cancellation date.
AL, AR, CO, DC, HI, MA, MT, NJ, NY, SC, TX, and WY: If We cancel this Service Contract, We will provide written notice with the cancellation date and reason for cancellation at the last known mailing or electronic address at least five (5) days ten (10) days in WY and fifteen (15) days in AR, NY, and SC prior to the cancellation date. Prior notice is not required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use.
GA, OR, UT, WI and WY: The ARBITRATION provision is not applicable to You.
AL, CA, MO and NH: No claims paid will be deducted from any refund regardless of who initiates the cancellation.
AL: All references to the state of Illinois are replaced with “Alabama”.
AZ: Preexisting defects known by You prior to the coverage start date are not covered, except if the defect should reasonably have been known by Us or the Service Contract Seller. Nor does this Service Contract cover defects that are subject to a manufacturer’s warranty or recall. We will not cancel or void this Service Contract due to acts or omissions by Us or Our subcontractors for failure to provide correct information or failure to perform the services or repairs provided in a timely, competent, workmanlike manner. We will not cancel this Service Contract due to misrepresentation either by Us or any person selling the Service Contract on Our behalf. We may cancel or void coverage due to material acts or omissions by You which may include Your fraudulent or unlawful acts arising out of or relating to this Service Contract or Your use of the covered Product in a manner other than as intended by the manufacturer that is likely to increase the likelihood that the covered Product will be damaged or require repairs. Notwithstanding the Arbitration provision, You have the right to file a complaint with the Arizona Department of Insurance and Financial Institutions (D.I.F.I.). You can file a complaint with the D.I.F.I. against a service company issuing an approved Service Contract by contacting the Consumer Protection Division of the D.I.F.I., phone number 602-364-2499.
CA: The Service Contract Administrator is TWG Innovative Solutions, Inc. (TWGIS). The address and phone number are P.O. Box 87639, Chicago, IL 60680-0639, 1-800-377-3936. You may cancel this Service Contract at any time for any reason by emailing motocarecancellations@custhelp.com, by calling 1-800-734-5870, by mailing your request to 222 W Merchandise Mart Plaza Chicago, Illinois, 60654, or by visiting Motorola.com. If Your Service Contract is covering an item other than a home appliance or home electronic product and You cancel this Service Contract within the first sixty (60) days of the receipt of the Service Contract, the price has been paid, and no service events have been paid, We will issue a full refund. If a claim has been paid during this time period, the refund will be pro rata. If You cancel after the first sixty (60) days, We will issue a refund for any unearned pro rata price paid, less an administrative fee not to exceed ten percent (10%) of the Service Contract price or twenty-five dollars ($25) whichever is less. We may only cancel this Service Contract for nonpayment, material breach or fraud by You. The ARBITRATION provision is amended by adding the following: The arbitration provision does not limit or abridge in any way the filing by a California resident of a civil action to enforce rights conferred by the Ralph Civil Rights Act, California Civil Code Section 51.7. Nothing herein shall prevent You from bringing an action in a small claims court of appropriate jurisdiction for damages not to exceed $5,000.00. The arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Department of Consumer Affairs. To learn more about this process, You may contact 1-800-952-5210, write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, CA 95834, or visit www.bhgs.dca.ca.gov. Form ID in California: EPP20054I-0524 v1-0524.
CO: If a replacement of the covered gas-fueled appliance is necessary, You may elect to choose a similar device replacement that operates on electricity rather than gas. You may be charged an additional cost to replace a gas-fueled appliance with an appliance that has a cost that exceeds the cost of replacing the gas-fueled appliance with another gas-fueled appliance, under the terms of Your contract. If You choose to replace Your gas-fueled appliance with an appliance that operates on electricity, any additional cost to You for the replacement electric appliance, excluding any installation or other associated costs, will not exceed the retail cost of the replacement electric appliance minus the retail cost of a replacement gas-fueled appliance. We are required to provide a replacement appliance that satisfies the efficiency requirements set forth in article 7.5 of title 6 and any other state law. In the case of replacement of the covered gas-fueled water heater, You may replace the water heater with a heat pump-based system. In the case of replacement of the covered gas-fueled stove, You may replace the gas-fueled stove with either an electric stove or an induction stove.
CT: If Your coverage term is less than one (1) year, Your Service Contract will automatically extend by the duration that the Product is withheld from You while being repaired. You may cancel this Service Contract for any reason, including but not limited to return the Product(s), or the Product(s) is sold, lost, stolen, or destroyed. If You purchased this Service Contract in Connecticut and a dispute arises between You and the Provider, You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Service Contract.
FL: The rate charged for this Service Contract is not subject to regulation by the Florida Office of Insurance Regulation. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a court of competent jurisdiction. Arbitration will take place in the county where You reside.
GA: If You cancel this Service Contract within the first twenty (20) days after the date the Service Contract was mailed or within ten (10) days of delivery, and the price has been paid, the Service Contract is void and We will issue a full refund including applicable tax less any claims paid. If You cancel after the first twenty (20) days, We will issue a refund for any unearned pro rata Service Contract price paid less any claims paid as of the cancel date in addition to an administrative fee (not to exceed ten percent (10%) of the unearned pro rata Service Contract price or twenty-five dollars ($25) whichever is less). We may cancel this Service Contract at any time only for fraud, material misrepresentation or for nonpayment by You. If a dispute arises between the English and foreign language version, due to issues of interpretation, the English version will prevail in all cases.
IN: Proof of payment to the Service Contract seller or Administrator constitutes proof of payment to Virginia Surety Company, Inc., issuer of the insurance policy that insures the Service Contract’s obligations. This Service Contract is not subject to Indiana insurance law.
MD: This Service Contract extends automatically when We fail to perform the services under this Service Contract. This Service Contract will not terminate until services are provided according to the terms of the Service Contract. If We breach any of Our duties under this Service Contract, You may file an action in any court of competent jurisdiction.
MI: If performance of the Service Contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.
MN: If We cancel this Service Contract, We will provide written notice with the cancellation date and reason for cancellation at the last known mailing or electronic address at least fifteen (15) days prior to the cancellation date. Five (5) days notice is required for cancellation due to nonpayment, material misrepresentation, or a substantial breach relating to the covered Product or its use. Any Arbitration shall take place in the state where You reside or at any other place agreed to in writing by You and National Product Care Company.
NC: We can only cancel this Service Contract in the event of nonpayment of the price or a direct violation of the Service Contract by You.
NH: Service Contract Price: see sales receipt. In the event You do not receive satisfaction under this Service Contract, You may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. Any arbitration proceeding is subject to RSA 542.
NM: If You have any concerns regarding the handling of Your Claim, You may contact the Office of Superintendent of Insurance at 855-427-5674. A ten percent (10%) penalty for each thirty (30) day period or portion thereof, and any accrued penalties, shall be added to a refund that is not paid or credited within sixty (60) days after this Service Contract is cancelled. If this Service Contract has been in force for a period of seventy (70) days, We may not cancel before the expiration of the 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 Service Contract; (3) You engage in fraud or material misrepresentation in obtaining this Service Contract; (4) You commit any act, omission, or violation of any terms of this Service Contract after the effective date of this Service Contract which substantially and materially increase the service required under this Service Contract; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Service Contract and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Service Contract. Our obligations under this Service Contract are secured by a bond.
NV: All references to the state of Illinois are replaced with “Nevada”. If You have an emergency which involves the loss of heating or cooling, plumbing, substantial loss of electrical service, and the emergency renders a dwelling unit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, repairs will begin within twenty-four (24) hours after the report of Your claim and will be completed as soon as reasonably practicable thereafter. If We determine that the repairs cannot be practicably completed within three (3) calendar days after the report of the claim, We will provide a status report to You at Your last known address and the Commissioner by electronic mail at pcinsinfo@doi.nv.gov no later than three (3) calendar days after the report of the claim. We may cancel this Service Contract within the first seventy (70) days for any reason. We may not cancel this Service Contract once it has been in effect for seventy (70) days, except for the following conditions: failure by You to pay the Service Contract price; You are convicted of a crime which results in an increase in the service required under the Service Contract; fraud or material misrepresentation by You in purchasing the Service Contract or in the presentation of a claim; the discovery of an act or omission, or a violation of any condition of the Service Contract by You which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the service required under the Service Contract which occurs after the purchase of the Service Contract and substantially and materially increases the service required beyond that contemplated at the time of purchase. All reference to an administrative fee is deleted and replaced with cancellation fee. No claims paid will be deducted from any refund. This Service Contract will not cover any unauthorized or non-manufacturer recommended modifications to the Product, or any damages arising from such unauthorized or non-manufacturer recommended modifications. However, if the Product is modified or repaired in an unauthorized or non-manufacturer recommended manner, We will not automatically suspend all coverage. Rather, this Service Contract will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Service Contract. If You are not satisfied with the manner in which We are handling the claim on Your Service Contract, You may contact the Commissioner by calling the toll-free number, (888) 872-3234.
OK: Coverage afforded under this Service Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. If you have a lifetime protection program, You will receive a pro rata refund that is calculated based on the price paid and an estimated lifetime of 35 years from date of purchase, less the cost of any claims paid as of the cancel date. All references to the state of Illinois are replaced with “Oklahoma”. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in district court.
SC: In the event of a dispute with the Provider of this Service Contract, You may contact the South Carolina Department of Insurance, Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467. All references to cash settlement are deleted.
TN: You may cancel this Service Contract at any time for any reason by emailing motocarecancellations@custhelp.com, by calling 1-800-734-5870, by mailing your request to 222 W Merchandise Mart Plaza Chicago, Illinois, 60654, or by visiting Motorola.com.
TX: The Registration Number for TWG Innovative Solutions, Inc. is 121. If You have complaints or questions regarding this Service Contract, You may contact the Texas Department of Licensing and Regulation at the following address and telephone number: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; (512) 463-6599 or (800) 803-9202 (Within TX only).
UT: The Provider under this Service Contract is National Product Care Company. The address and phone number is 175 West Jackson Blvd., Suite 810, Chicago, Illinois 60604, 1-800-377-3936. The Service Contract Administrator is TWG Innovative Solutions, Inc. (TWGIS). The address and phone number is P.O. Box 87639, Chicago, IL 60680-0639, 1-800-377-3936. The Provider under this Service Contract is insured by a reimbursement insurance policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd., Suite 810, Chicago, Illinois 60604, (800) 209-6206. If a claim is not paid within sixty (60) days of submitting the claim or if the Provider becomes insolvent or otherwise financially impaired, the claim can be submitted to the insurer at Virginia Surety Company, Inc., 175 West Jackson Blvd., Suite 810, Chicago, Illinois 60604, (800) 209-6206. Coverage afforded under this Service Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. After sixty (60) days We may only cancel for the following reasons: material misrepresentation; substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Service Contract; or substantial breach of contractual duties, conditions, or warranties. ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR, A COPY OF WHICH IS AVAILABLE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY INCLUDE ATTORNEY'S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION.
VA: If any promise made in the Service 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.
WA: The obligations under this Service Contract are backed by the full faith and credit of the Service Contract Provider. If We cancel this Service Contract, You will receive written notice at least twenty-one (21) days prior to the cancellation date. Nothing in ARBITRATION shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Service Contract. All arbitrations will be held in the county in which You maintain Your permanent residence.
WI: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. is a ‘service contract’ as regulated under Wisconsin Law and as referenced in the Federal Public Law 93-637. Proof of loss must be provided as soon as reasonably possible and within (1) year from the request. Failure by You to furnish proof of loss within this timeframe does not invalidate or reduce a claim unless We are prejudiced and it was reasonably possible to meet the time limit. We can cancel this Service Contract at any time only in the event of nonpayment of the Service Contract purchase price, material misrepresentation or substantial breach of duties You related to the covered Product or its use. We will provide written notice at least five (5) days prior to cancellation for nonpayment of the Service Contract purchase price.
MOTO CARE EXTENDED SERVICE PLAN
Go back to the topThis Service Contract is issued to You and includes the terms and conditions below, any state specific disclosures, any other applicable disclosures, as well as Your Coverage Confirmation. This Service Contract covers the Product(s) described on Your proof of coverage, or if applicable, Your receipt, other enrollment documentation, or Your Product Profile (“Coverage Confirmation”). We may require You to provide these documents prior to Your service event. This is not an insurance contract.
COVERAGE UNDER THIS SERVICE CONTRACT IS SECONDARY TO COVERAGE PROVIDED EITHER BY YOUR MANUFACTURER OR PRODUCT SELLER’S WARRANTY. DURING THIS WARRANTY PERIOD, LOOK FIRST TO YOUR MANUFACTURER OR PRODUCT SELLER FOR BREAKDOWN ISSUES. THIS SERVICE CONTRACT DELIVERS ADDITIONAL SERVICES FOR YOUR PRODUCT DURING THIS WARRANTY TIMEFRAME.
DEFINITIONS
Accessories are items included with Your Product purchase. They may include for smartphones, the battery, wall charger, and USB charging cable. Accessories are eligible for coverage only when claimed as part of a Product service event.
Administrator means the entity responsible for managing the benefits and services outlined in this Service Contract. The Service Contract Administrator is Motorola Mobility LLC. The address and phone number is 222 W Merchandise Mart Plaza Chicago, Illinois, 60654, 1-800-734-5870.
Breakdown means during the Service Contract term, if You submit a valid claim on a Product, notifying Us of a mechanical or electrical failure or other defect in materials and workmanship that is outside of the manufacturer’s warranty period, We will arrange to service the Product with the necessary parts and/or labor as outlined in this Service Contract.
Coverage Type means the package of services and coverages provided under this Service Contract as listed on Your Coverage Confirmation. The Coverage Type You select at enrollment determines the coverages available under this Service Contract.
Damage means during the Service Contract term, if You submit a valid claim on a Product notifying Us of a failure due to accidental damage from handling, We will arrange to service the Product. Refer to Your Coverage Confirmation to see if Damage is included in Your Coverage Type and available for Your Product type.
Power Surge means a Product failure resulting from a voltage oversupply. For consumer electronics, claimed Products must be connected to a surge protector approved by the Underwriter’s Laboratory, Inc. at the time of loss. Power Surge does not include damage resulting from the improper installation or improper connection of the Product to a power source. Refer to Your Coverage Confirmation to see if Power Surge is included in Your Coverage Type and available for Your property type.
Product Profile (if applicable) means the personal user account You create with Us to register and manage Your Product(s) and view Your coverage details (including the Product(s), Coverage Type, coverage term, price, applicable Service Fee (if any), and other applicable coverage information.
Product(s) means Your eligible property listed on Your Coverage Confirmation or any eligible property registered by You and approved by Us. For eligible smartphones, Product includes its Accessories. In addition, at Our discretion, coverage may extend to any replacement property provided by the Product Seller, the manufacturer, or by Us.
Provider means the entity that is contractually obligated to You under the terms of this Service Contract. The Service Contract Provider is National Product Care Company, except in Arizona, Florida, and Oklahoma, where it is SERVICE SAVER, INCORPORATED, in Florida, Our license number is 80173, in Oklahoma Our license number is 44198049; 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. The address and phone number of each Provider is 175 West Jackson Blvd, Suite 810, Chicago, Illinois 60604, 1-800-209-6206.
Seller is the entity that made available this Service Contract as listed on Your Coverage Confirmation.
We/Us/Our means the Provider, the Administrator, or our third party authorized servicers.
You/Your means the Product(s) owner under this Service Contract.
WHEN COVERAGE BEGINS AND ENDSThis Service Contract begins on the date listed on Your Coverage Confirmation. We reserve the right to deny coverage for any property that You do not register or that We do not approve as Product. In addition, We may disapprove enrollment in this Service Contract for any reason. Should We disapprove coverage, We will notify You within thirty (30) days of Your enrollment or Product registration and refund any applicable price collected. Your coverage start date, Coverage Type, term, end date, price, Service Fees, and other coverage specifics are listed on Your Coverage Confirmation.
WHAT IS COVERED
In exchange for the price paid, this Service Contract covers one or more the following benefits as determined by Your Coverage Type:
Breakdown and Power Surge: If during the Service Contract term, You submit a valid claim on a Product to notify Us of a Breakdown and Power Surge, We will arrange to repair or replace the claimed Product.
In addition, during the Service Contract term, We may provide You with other services specific to Your Product(s). These limited benefits may include (but are not limited to) support, content backup and security services, claims management tools, alternative servicing and upgrade options, rewards benefits, discounts, and promotions. Certain features of these services may not be available on or compatible with all Product types.
WHAT IS NOT COVERED
We will not provide service to a Product with failure or damage that results from:
1. Breakdown or damage caused by improper installation, the use of improper cleaning methods or products (outside of the manufacturer’s recommendation), or relocating a non-portable Product from one location to another.
2. Breakdown or damage caused by
a. misuse, reckless, excessive or abusive, willful or intentional conduct associated with handling and
use
of the Product, including vandalism;
b. exposure to environmental or weather conditions outside of the manufacturer’s guidelines;
c. rust or corrosion;
d. acts of God, or other external causes such as fire, except as described in What Is Covered;
e. an improper electrical/power supply;
f. leaking Product battery (or any other leaking substance on or within the Product);
g. service performed by anyone not authorized by the manufacturer or Us or any unauthorized
alterations;
or
h. any other force majeure or event originating from outside the Product.
3. Operating the Product outside the permitted or intended use as described by the manufacturer. A Product with an altered, defaced, or removed serial number. Or, a Product modified by You or with Your knowledge to alter its functionality or capability without the manufacturer’s written permission.
4. A Product that was lost, stolen or damaged (when Damage is not part of Your Coverage Type).
5. A Product that is not returned to Us in its entirety.
6. Neglect, including when required maintenance and/or cleaning are not performed as specified by the manufacturer; or damage from accumulation of buildup of dirt, dust, oil, or other substance (including human or pet bodily oils, perspiration, bodily fluids or functions).
7. Cosmetic damage (unless specified in What Is Covered), including but not limited to scratches, dents, or housing cracks that do not otherwise affect the functionality of a Product.
8. Damage caused by normal wear and tear or which is otherwise due to the Product’s normal aging (unless specified under Breakdown).
9. Pre-existing conditions known by You that occurred prior to the coverage start date or parts and/or labor for defects that are subject to a manufacturer’s warranty or recall.
10. No problem found diagnosis or issues that could be resolved with a software upgrade.
11. Any intentional dishonest, fraudulent or criminal act by You, any authorized user, anyone You entrust with the Product, or anyone else with an interest in the Product for any purpose, whether acting alone or in collusion with others.
12. Any liability for damage arising from delays or any indirect, consequential, or incidental damages due to a claim event. This includes but is not limited to loss of use, loss of business, or down time from delays in repair.
13. Any claim incurred prior to the coverage benefit start date as identified in When Coverage Begins and Ends.
14. Any other act or result not described in What Is Covered.
YOUR RESPONSIBILITIESTo receive service or support under the Service Contract, You agree to comply with each of the terms listed below.
1. Back up all software and data (as applicable) that resides on Your Product(s). DURING A SERVICE EVENT, WE MAY DELETE THE PRODUCT CONTENT AND REFORMAT THE STORAGE MEDIA. We will return Your Product or provide a similar replacement as originally configured by the manufacturer, subject to applicable updates. You will be responsible for restoring all other software programs, data, and passwords.
2. Update software (as applicable) to currently published releases prior to seeking service.
3. As part of a service event, provide a detailed description about where and when the issue occurred as well as the symptoms and causes of the issues with the Product. In addition, We will need to know of any actions taken to resolve the issue prior to calling Us.
4. Respond to Our requests for information, including but not limited to the Product ownership, the Product’s serial number, model, version of the operating system and software installed, any peripherals connected or installed on the Product, any error messages displayed, the actions which were taken before the Product experienced the issue and the steps taken to resolve the issue.
5. Pay any applicable Service Fee as described below. We will deny the service event if You fail to pay any applicable Service Fee or fail to provide information relating to the service request when asked.
6. Follow the instructions We give You, including but not limited to unlocking Your Product, turning off location features, resetting the Product to factory settings, removing Your data/registration from the Product, refraining from sending accessories that are not subject to service, and packing the Product according to the shipping instructions (when applicable to Your Product type).
7. When receiving onsite service, make sure the Product is accessible in an unobstructed and safe location within reach of an appropriate manufacturer-specified wall outlet. An adult of legal age must be present at time of service.
8. Do not open a Product as resulting damage is not covered by this Service Contract. Only We, the manufacturer, or an authorized servicer approved by Us should perform service on a Product.
9. Protect the Product from damage and perform any routine care and preventative maintenance as designated by the manufacturer as well as comply with the manufacturer’s permitted and intended use.
HOW TO OBTAIN SERVICE AND SUPPORT
All claims for service must be reported as soon as reasonably possible. This Service Contract covers only those service events reported within thirty (30) days of the date of the Product(s)’ Breakdown and Power Surge.
We may subcontract or assign delivery for elements of Our obligations under this Service Contract to third parties, when applicable; however, this does not relieve Us of Our obligations under this Service Contract.
To arrange for service, contact Us at 1-800-734-5870. We will assist You to determine the issue with the Product. To the extent that We confirm a service event, We will process Your claim and arrange for service based on the services available for Your Product type, Coverage Type, and applicable services.
We will use new or refurbished parts (when We provide the repair parts) or replacements for any hardware benefit under this Service Contract that are like kind and quality in performance and reliability.
SERVICE OPTIONSWe will setup service with an authorized servicer determined by Us based on the service available at Your location, for Your Product type, as well as the service that You purchased. Our repair options include:
1. If We determine that the Product requires in-home/onsite service, We will repair Your Product at Your location where available. An adult (of legal age) must be present at the time of repair. Should We determine during the repair visit that We need to repair Your Product elsewhere, We will transport Your Product to and from Our repair center.
2. If the Product qualifies for carry-in service, We either will setup a service event for the repair to be performed at an authorized repair center of Our choosing or arrange with You to take the Product for service and reimburse You (with applicable receipt). You must contact Us to receive a repair authorization prior to service. You may be responsible for transporting Your Product to/from the repair center and assume any corresponding cost.
3. If We determine that the Product is eligible for mail-in service, We will send You a prepaid shipping label (and, if needed, packaging material) for You to ship the Product to an authorized repair center according to the instructions provided by Us. Once service is complete, We will return the Product to You.
4. Depending on the claimed Product and the Coverage Type, We also may provide to You repair advice, products to aid in stain removal, and/or individual parts to replace broken parts.
If the manufacturer’s warranty covers the replacement part but not labor at the time of Breakdown, this Service Contract will provide the applicable labor to repair the Product.
Should We choose to replace Your claimed Product because either We are unable to repair it, the repair cost exceeds the current retail replacement value of the Product, or Your Service Contract is a product replacement plan, We, at Our option, will either:
1. Replace the Product with a new or refurbished, replacement that is equivalent to new in performance and reliability. While We will try to accommodate specific replacement preferences, this request is not guaranteed. The price of the replacement will not exceed the Maximum Coverage Per Claim (specified below).
2. Issue a cash credit equal to the value of the replacement product, not to exceed the Maximum Coverage Per Claim. The cash credit, with Your authorization, will be deposited in Your account with the Seller to pay the balance due on the claimed Product or may be used by You toward the purchase of any eligible replacement of Your choice or used to upgrade to another product.
3. Provide a settlement equal to the value of the replacement, not to exceed the Maximum Coverage Per Claim.
4. Or, We will advance exchange Your Product with a new or refurbished replacement of like kind and quality to Your Product. While We will try to accommodate specific replacement preferences, this request is not guaranteed.
If advanced replacement is appropriate to Your Product type, We may require a credit card authorization or other method as security for the retail price of the replacement plus applicable shipping costs. We will ship a replacement to You with setup instructions and directions to return the claimed Product, when required. If You return the claimed Product as instructed, We will cancel the credit card authorization. If You fail to return the claimed Product as instructed or return a claimed Product or part that is ineligible for service, We will charge the credit card for the authorized amount. If You are not able to provide a credit card authorization when required, We will offer to You an alternative service option.
When You receive either the replacement, cash credit, or settlement, the damaged/unrepairable Product becomes Our property should We choose to take possession of it at Our sole discretion.
You may be responsible for transporting the claimed Product to Us and assume any subsequent travel or shipping costs such as express or expedited shipping, or any reshipping expenses.
We reserve the right to change the method by which We provide repair or replacement service to You, and the Product’s eligibility to receive a particular method of service.
We cannot guarantee that any service or replacement will result in an exact match (such as make/model, materials, or color matches) to the claimed Product. This may be due to availability or differences in dye lots, natural grains, external conditions, or other similar reasons. If We choose to service a Product that is part of a set, We will repair or replace only the piece that is broken or damaged.
No Lemon Guarantee – During the coverage term, if Your Product has three (3) separate repairs events completed under this Service Contract and requires a fourth (4th) as determined by Us for the same Breakdown during the coverage term, We will issue a replacement or settlement, not to exceed the Product’s original retail price including tax. We may require documentation as part of this benefit.
LIMITS OF LIABILITYYour Maximum Coverage Per Claim is the original Product purchase price, excluding sales tax and delivery charges.
In addition, the following limits apply:
There are no limits for Breakdown claims during the coverage term.
SERVICE FEE
You will be assessed a non-refundable Service Fee plus applicable sales tax each time a claimed event is fulfilled.
| Product | |
| Service Fee | See Coverage Confirmation |
TERRITORY
The service options and Service Fees listed above for Product services are available for claim events within the United States. Claim events that occur outside the United States or its territories must be reported and processed in the United States.
INELIGIBLE FOR COVERAGE
This Service Contract does not cover personal property held in inventory, personal property held as Your stock in trade, or personal property bought for and/or used in a commercial setting. Your property either not registered with Us or approved for coverage by Us as outlined under Product(s) and When Coverage Begins, or property not authorized or intended for sale in the United States by the manufacturer are ineligible for coverage under this Service Contract.
CANCELLATION
You may cancel this Service Contract at any time for any reason by contacting 1-800-734-5870.
If You cancel, do not renew Your account with the Seller for any reason, including nonpayment, this constitutes cancellation of the Service Contract by You, subject to the terms and conditions of this Service Contract.
If this Service Contract is cancelled within the first thirty (30) days of the coverage start date, the price has been paid, and no service events have been paid, the Service Contract is void and We will issue a full refund, including applicable sales tax.
If You cancel after the first thirty (30) days or when You incur a paid claim, this Service Contract will cancel and We will issue a refund for any unearned pro rata price paid less any claims paid as of the cancel date in addition to an administrative fee (not to exceed ten percent (10%) of the Service Contract price or twenty-five dollars ($25) whichever is less).
For month-to-month coverage, cancellation may occur upon request at the end of the billing cycle period. We are not responsible to provide You written notice of cancellation when You cancel this Service Contract.
We may cancel this Service Contract within the first sixty (60) days for any reason. Once coverage has been effective for sixty (60) days or more, We may only cancel this Service Contract for (1) nonpayment of the price; (2) fraud or material misrepresentation; or (3) breach of duties by You.
If We cancel, We will provide written notice, with the cancellation date and the reason for cancellation, at the last known mailing or electronic address (depending on Your chosen form of communication) at least thirty (30) days before cancellation. We will refund the unearned pro-rata price less any claims paid.
RENEWALFor those who purchase a renewable term option, We have the right to non-renew this Service Contract with thirty (30) days advance written notice to You.
For all other coverage terms, at the coverage end date, We may choose, at Our option, to offer You a renewal of this Service Contract; although, We are not obligated to do so. We are not obligated to accept a Service Contract renewal tendered by You.
In addition, We retain the right to revise this Service Contract and adjust the coverage terms including the price and Service Fee upon renewal. In the event of a material change, We will provide You with thirty (30) days advance written notice of such change. You may cancel coverage at any time. If You pay the coverage price after this notification, You agree to these changes.
TRANSFER
This Service Contract is not transferable to another individual or entity.
CHANGES
The Service Contract originally issued to You will remain in effect throughout Your coverage term.
If We adopt any revision which would broaden the coverage under this Service Contract without additional payment from You within sixty (60) days prior to, or during the coverage period, the broadened coverage will immediately apply to this Service Contract.
OTHER CONDITION
1. If You provide Your mobile number or email address to Us or the Seller, We may electronically deliver all notices, documents and communications related to this Service Contract to You through these channels. You may opt out of electronic communications at any time.
2. We may choose to offer promotions from time-to-time under this Service Contract valued up to the limits regulated under state law.
3. The Provider under this Service Contract is insured by a reimbursement insurance policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Suite 810, Chicago, Illinois 60604, 1-800-734-5870. 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, Suite 810, Chicago, Illinois 60604, (1-800-734-5870).
4. The purchase of this Service Contract is not required to obtain financing or to purchase property or goods.
ARBITRATIONRead the following arbitration provision carefully. It limits certain rights, including Your right to obtain relief or damages through court action.
This Service Contract requires binding arbitration if there is an unresolved dispute between You and Us and/or the Selling Store concerning this Service Contract (including the cost of, lack of or actual repair or replacement arising from a Breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Service Contract by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute.
The Consumer Arbitration Rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Service Contract. To start arbitration, either You or We must make a written demand to the other party for arbitration. You may make written demand directly to Us at 175 West Jackson Blvd., Chicago, IL 60604, Attn: Law Department. This demand must be made within one year of the earlier of: I. The date the Breakdown occurred or the date the dispute arose, or II. The applicable statute of limitations period if that period is longer.
One mutually agreed upon arbitrator will be identified. We will advance to you all or part of the fees of the AAA and of the arbitrator. The arbitrator may otherwise allocate these fees. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all substantive matters arising out of or relating to this Service Contract and all transactions contemplated by this Service Contract, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Contract. In the event either party files a claim(s) against the other, resulting in a ruling that a portion of this Service Contract is unenforceable, the portion of this Service Contract that has been ruled to be unenforceable shall be severed, and the remaining provisions shall be enforced. However, if the portion of the Service Contract that was ruled to be unenforceable is or includes the above waiver of class action rights, then this Service Contract shall be unenforceable in its entirety.
Certain states require special disclosures or provisions that may vary from the provisions above. The following state variations apply only when there is inconsistency.
AL, AR, ME, MO, NY, OR, SC, UT, VT and WA: If an emergency occurs that requires repair when We are closed and cannot provide authorization, you may contact Us immediately following the emergency repairs to report the claim.
AL, AR, CO, MA, ME, MN, MO, NJ, NM, NV, NY, SC, WA, WI and WY: If You cancel this Service Contract within the first twenty (20) days after the date the Service Contract was mailed or within ten (10) days of delivery, the price has been paid, and no service events have been paid, the Service Contract is void and We will issue a full refund including applicable tax.
MD and VT: If You cancel this Service Contract within the first twenty (20) days after receipt, the price has been paid, and no service events have been paid, the Service Contract is void and We will issue a full refund including applicable sales tax.
AL, AR, CO, DC, GA, HI, MA, MD, ME, MN, MO, NJ, NY, NV, SC, TX, WA, WI and WY: A ten percent (10%) penalty per month (or portion thereof) and any accrued penalties shall be added to any refund not paid to You within forty-five (45) days thirty (30) days in WA after this cancellation date.
AL, AR, CO, DC, HI, MA, MT, NJ, NY, SC, TX, and WY: If We cancel this Service Contract, We will provide written notice with the cancellation date and reason for cancellation at the last known mailing or electronic address at least five (5) days ten (10) days in WY and fifteen (15) days in AR, NY, and SC prior to the cancellation date.
GA, OR, UT, WI and WY: The ARBITRATION provision is not applicable to You.
AL, CA, MO and NH: No claims paid will be deducted from any refund regardless of who initiates the cancellation.
AL: All references to the state of Illinois are replaced with “Alabama”.
AZ: Preexisting defects known by You prior to the coverage start date are not covered, except if the defect should reasonably have been known by Us or the Service Contract Seller. Nor does this Service Contract cover defects that are subject to a manufacturer’s warranty or recall. We will not cancel or void this Service Contract due to acts or omissions by Us or Our subcontractors for failure to provide correct information or failure to perform the services or repairs provided in a timely, competent, workmanlike manner. We will not cancel this Service Contract due to misrepresentation either by Us or any person selling the Service Contract on Our behalf. We may cancel or void coverage due to material acts or omissions by You which may include Your fraudulent or unlawful acts arising out of or relating to this Service Contract or Your use of the covered Product in a manner other than as intended by the manufacturer that is likely to increase the likelihood that the covered Product will be damaged or require repairs. Notwithstanding the Arbitration provision, You have the right to file a complaint with the Arizona Department of Insurance and Financial Institutions (D.I.F.I.). You can file a complaint with the D.I.F.I. against a service company issuing an approved Service Contract by contacting the Consumer Protection Division of the D.I.F.I., phone number 602-364-2499.
CA: The Service Contract Administrator is TWG Innovative Solutions, Inc. (TWGIS). The address and phone number are P.O. Box 87639, Chicago, IL 60680-0639, 1-800-377-3936. You may cancel this Service Contract at any time for any reason by emailing motocarecancellations@custhelp.com, by calling 1-800-734-5870, by mailing your request to 222 W Merchandise Mart Plaza Chicago, Illinois, 60654, or by visiting Motorola.com. If Your Service Contract is covering an item other than a home appliance or home electronic product and You cancel this Service Contract within the first sixty (60) days of the receipt of the Service Contract, the price has been paid, and no service events have been paid, We will issue a full refund. If a claim has been paid during this time period, the refund will be pro rata. If You cancel after the first sixty (60) days, We will issue a refund for any unearned pro rata price paid, less an administrative fee not to exceed ten percent (10%) of the Service Contract price or twenty-five dollars ($25) whichever is less. We may only cancel this Service Contract for nonpayment, material breach or fraud by You.
CO: If a replacement of the covered gas-fueled appliance is necessary, You may elect to choose a similar device replacement that operates on electricity rather than gas.
CT: If Your coverage term is less than one (1) year, Your Service Contract will automatically extend by the duration that the Product is withheld from You while being repaired.
FL: The rate charged for this Service Contract is not subject to regulation by the Florida Office of Insurance Regulation.
GA: If You cancel this Service Contract within the first twenty (20) days after the date the Service Contract was mailed or within ten (10) days of delivery, the Service Contract is void and We will issue a full refund including applicable tax less any claims paid.
IN: Proof of payment to the Service Contract seller or Administrator constitutes proof of payment to Virginia Surety Company, Inc.
MD: This Service Contract extends automatically when We fail to perform the services under this Service Contract.
MI: If performance of the Service Contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period shall be extended.
MN: If We cancel this Service Contract, We will provide written notice at least fifteen (15) days prior to the cancellation date.
NC: We can only cancel this Service Contract in the event of nonpayment of the price or a direct violation of the Service Contract by You.
NH: Service Contract Price: see sales receipt.
NM: If You have any concerns regarding the handling of Your Claim, You may contact the Office of Superintendent of Insurance.
NV: All references to the state of Illinois are replaced with “Nevada”. If You have an emergency which involves the loss of heating or cooling, plumbing, substantial loss of electrical service, and the emergency renders a dwelling unfit for a person to live in because of defects that immediately endanger the health and safety of the occupants of the dwelling, repairs will begin within twenty-four (24) hours after the report of Your claim and will be completed as soon as reasonably practicable thereafter. If We determine that the repairs cannot be practicably completed within three (3) calendar days after the report of the claim, We will provide a status report to You at Your last known address and the Commissioner by electronic mail. We may cancel this Service Contract within the first seventy (70) days for any reason. We may not cancel this Service Contract once it has been in effect for seventy (70) days, except for the following conditions: failure by You to pay the Service Contract price; You are convicted of a crime which results in an increase in the service required under the Service Contract; fraud or material misrepresentation by You in purchasing the Service Contract or in the presentation of a claim; the discovery of an act or omission, or a violation of any condition of the Service Contract by You which substantially and materially increases the service required under the Service Contract; or a material change in the nature or extent of the service required under the Service Contract which occurs after the purchase of the Service Contract and substantially and materially increases the service required beyond that contemplated at the time of purchase. All reference to an administrative fee is deleted and replaced with cancellation fee. No claims paid will be deducted from any refund. This Service Contract will not cover any unauthorized or non-manufacturer recommended modifications to the Product, or any damages arising from such unauthorized or non-manufacturer recommended modifications. However, if the Product is modified or repaired in an unauthorized or non-manufacturer recommended manner, We will not automatically suspend all coverage. Rather, this Service Contract will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Service Contract. If You are not satisfied with the manner in which We are handling the claim on Your Service Contract, You may contact the Commissioner by calling the toll-free number, (888) 872-3234.
OK: Coverage afforded under this Service Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. If You have a lifetime protection program, You will receive a pro rata refund that is calculated based on the price paid and an estimated lifetime of 35 years from date of purchase, less the cost of any claims paid as of the cancel date. All references to the state of Illinois are replaced with “Oklahoma”. While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in district court.
SC: In the event of a dispute with the Provider of this Service Contract, You may contact the South Carolina Department of Insurance, Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467. All references to cash settlement are deleted.
TN: You may cancel this Service Contract at any time for any reason by emailing motocarecancellations@custhelp.com, by calling 1-800-734-5870, by mailing your request to 222 W Merchandise Mart Plaza Chicago, Illinois, 60654, or by visiting Motorola.com.
TX: The Registration Number for TWG Innovative Solutions, Inc. is 121. If You have complaints or questions regarding this Service Contract, you may contact the Texas Department of Licensing and Regulation at the following address and telephone number: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; (512) 463-6599 or (800) 803-9202 (Within TX only).
UT: The Provider under this Service Contract is National Product Care Company. The address and phone number is 175 West Jackson Blvd., Suite 810, Chicago, Illinois 60604, 1-800-377-3936. The Service Contract Administrator is TWG Innovative Solutions, Inc. (TWGIS). The address and phone number is P.O. Box 87639, Chicago, IL 60680-0639, 1-800-377-3936. The Provider under this Service Contract is insured by a reimbursement insurance policy issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Suite 810, Chicago, Illinois 60604, (800) 209-6206. If a claim is not paid within sixty (60) days of submitting the claim or if the Provider becomes insolvent or otherwise financially impaired, the claim can be submitted to the insurer at Virginia Surety Company, Inc., 175 West Jackson Blvd, Suite 810, Chicago, Illinois 60604, (800) 209-6206. Coverage afforded under this Service Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. After sixty (60) days We may only cancel for the following reasons: material misrepresentation; substantial change in the risk assumed; or substantial breach of contractual duties, conditions, or warranties.
VA: If any promise made in the Service 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.
WA: The obligations under this Service Contract are backed by the full faith and credit of the Service Contract Provider. If We cancel this Service Contract, You will receive written notice at least twenty-one (21) days prior to the cancellation date. Nothing in ARBITRATION shall invalidate Washington state law(s). All arbitrations will be held in the county in which You maintain Your permanent residence.
WI: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. This is a ‘service contract’ as regulated under Wisconsin Law. Proof of loss must be provided as soon as reasonably possible and within (1) year from the request. Failure by You to furnish proof of loss within this timeframe does not invalidate or reduce a claim unless We are prejudiced. We can cancel this Service Contract at any time only in the event of nonpayment of the Service Contract purchase price, material misrepresentation or substantial breach of duties by You. We will provide written notice at least five (5) days prior to cancellation for nonpayment of the Service Contract purchase price.