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Protection Plus Plan

This is a legal contract referred to hereinafter as the “Service Contract” and indicates the terms and conditions, limitations, exceptions and exclusions included herein and Your purchase receipt and constitute the entire agreement. By purchasing it, You understand that it is such a contract and acknowledge that You have had the opportunity to read the terms and conditions set forth herein. This is not a contract of insurance. Please read these terms and conditions carefully so that You fully understand Your coverage under this Service Contract.

DEFINITIONS: “You” and “Your” indicates the purchaser of this service contract or the person to whom it was properly transferred. “We”, “Us”, and “Our” indicate the Obligor/Provider/Administrator of this service contract, unless indicated below or specified in the individual state disclosure, Bankers Warranty Group, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in UT, Bankers Warranty Group, Inc. d/b/a BWG Protection Plans, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in HI or NY, Bankers Warranty Group, Inc. d/b/a BWG Protection Plans, 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716 is the Obligor/Provider/Administrator of this service contract. If You live in FL, Bankers Warranty Group of Florida, Inc., 11101 Roosevelt Blvd. N, St. Petersburg, FL 33716, is the Obligor/Provider/Administrator of this service contract. “New Product” indicates any covered product that was purchased as new from the retailer and has a minimum ninety (90) day original manufacturer’s parts and labor limited warranty. “Refurbished Product” indicates any covered product that was not purchased as new and has a minimum one (1) year dealer’s parts and labor limited warranty. “Portable Electronic Device(s)” indicates a device, including but not limited to: tablets, radios, CD/DVD players, video/audio recorders, IPods, MP3 players, etc. that is intended to be easily transported and is utilized by You consistent with the way the manufacturer intended the device to be used. Rights under this Service Contract may vary from state to state.

TERM: The term of the Service Contract commences at the date indicated on the face of this Service Contract and/or Your purchase receipt. For Service Contracts on New Products and Refurbished Products that commence on the date of purchase of the eligible product, the term and coverage is inclusive of the manufacturer’s warranty or dealer’s one (1) year limited warranty. This Service Contract does not replace the manufacturer’s warranty or the dealer’s limited warranty, but provides certain additional benefits during the term of the manufacturer’s warranty or the dealer’s limited warranty. After the manufacturer’s warranty or the dealer’s limited warranty expires, this Service Contract continues to provide the manufacturers or dealer’s benefits as well as certain additional benefits listed within this Service Contract. ALL CLAIMS MUST BE REPORTED PRIOR TO THE EXPIRATION DATE OF THE SERVICE CONTRACT.

COVERAGE:

  • REPAIR PLANS: If You purchased the Repair Plan, this Service Contract provides parts and labor coverage for Your eligible product for mechanical and electrical failures that occur during normal use and operation in accordance with the manufacturer’s written specifications. Specific items eligible for coverage include but are not limited to: zippers on luggage, hinges on chairs and blades on helicopters. Your product must be readily accessible in order for service to be performed. The Service Contract provides coverage only for the product(s) listed on the face of this Service Contract and/or purchase receipt and is for products utilized in owner occupied or rented residential property, not in commercial property or in premises converted into a business including but not limited to, nursing homes, fraternity/sorority houses or day care centers. This Service Contract does not have a deductible.

  • For Massage Chairs Only: In order to be eligible for coverage Your product must be used in an indoor residential setting only. If You purchased a repair plan on Your massage chair, coverage also includes seam separation due to normal use and operation in accordance with the manufacturer’s written specification. Seam separation due to roller damage or damage caused by the mechanism is not covered. Remote controls are covered for mechanical and electrical failures.

  • REPLACEMENT PLANS: If You purchased the Replacement Plan, this Service Contract provides for a (1) one time replacement of Your covered product resulting from mechanical and/or electrical failures that occur during normal use and operation in accordance with the manufacturer’s written specifications. Specific items eligible for coverage include but are not limited to: zippers on luggage, hinges on chairs and blades on helicopters. The Service Contract provides coverage only for the product(s) listed on the face of this Service Contract and/or purchase receipt and is for products utilized in owner occupied or rented residential property, not in commercial property or in premises converted into a business including but not limited to, nursing homes, fraternity/sorority houses or day care centers. You may be required to ship the product, at Your expense, to a designated location for inspection. If Your product is defective as determined by the Administrator, You will receive a new or remanufactured product of like kind and similar features, capacity and/or efficiency or the Administrator may elect to pay You a cash settlement. The cash settlement amount shall not exceed the retail purchase price You paid for the original covered product, excluding shipping, handling and taxes. Replacement of a covered product or payment of a cash settlement will fulfill this Service Contract as to that specific product and will cancel and discharge further obligations under the Service Contract as to that specific product. If Your product is found to not be defective, it will be returned to You at Your expense. The No Lemon Benefit does not apply to Replacement Plans. This Service Contract does not have a deductible.

  • International Service: If Your product requires service and is located outside of the USA, Puerto Rico or Canada, please call 1-727-579-6200 If the product is still covered by the manufacturer’s warranty and has been sold with a repair plan, You will need to contact the manufacturer for service locations worldwide. If the product is out of the manufacturer’s warranty period, we will ask You to do the following: 1) locate service in Your area; 2) get an estimate for the repair; 3) get an authorization from us for the repair; 4) remit payment to the service center; and 5) send us the invoice. We will reimburse You for the authorized amount of the claim by issuing a check in U.S. dollars that will be mailed to an address in the USA or within the U. S. Postal system. If Your product was sold with a Replacement Plan, contact us by phone and we will issue a check to You in U.S. dollars for the original purchase price of the product, excluding taxes, shipping and handling, which will be mailed to an address in the USA or within the U.S. postal system.

  • For Brookstone Anti-Snore and TEMPUR PEDIC Pillows: If You purchased a replacement contract on Your pillow, coverage is limited to seam separation and loss of shape due to normal use in accordance with the manufacturer’s written specifications.

IF YOU NEED SERVICE: Call the toll free number listed on Your Service Contract and have Your purchase receipt available. A customer service representative will be available 24 hours a day, 7 days a week. The Administrator may perform a telephone diagnosis of the product failure. If Your covered product is deemed defective, at the Administrator’s sole determination, You will be instructed as to the procedures for obtaining service applicable to Your covered product. You may be asked to provide proof of purchase as a condition for receiving service under this Service Contract.

POWER SURGE PROTECTION: This Service Contract protects against operational or mechanical failure of a covered product resulting from a power surge while properly connected to a surge protector approved by the Underwriter’s Laboratory. Your surge protector may be collected by the Administrator for examination. For Massage Chairs the use of an approved surge protector is not required in order to receive benefits under the surge protection feature of this Service Contract.

NO LEMON BENEFIT (For Repair Plans Only): If after the manufacturer’s warranty period expires, Your covered product fails three (3) times due to the same parts failure, on an individual product, and that product requires a fourth repair, as determined by the Administrator, the Administrator may replace the failed product with a product of like kind and similar features or the Administrator may elect to pay You a cash settlement. The cash settlement amount shall not exceed the current retail cost of a replacement product of like kind and quality; and, such retail cost shall not exceed the retail purchase price You paid for the original covered product excluding taxes, shipping and installation. You may be required to return the original defective product to Us at Your expense. Replacement of a covered product or payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law. Preventative maintenance checks, cleanings, product diagnosis, customer education, accessory repairs or replacements are not considered repairs for the purposes of the No Lemon Coverage.

ACCIDENTAL DAMAGE FROM HANDLING (ADH) (For Portable Electronic Devices Only): This Service Contract provides coverage for operational failures of Your covered product resulting from accidental impacts, drops, bumps and liquid spills that occur during normal handling. ADH only covers operational or mechanical failure caused by an accident from handling and does not include protection against theft, mysterious disappearance, misplacement, viruses, reckless, abusive, willful or intentional conduct associated with handling and use of the Product, cosmetic damage and/or other damage that does not affect the unit functionality, damage caused during shipment between You and Our service providers and any other limitations listed in the What Is Not Covered section. Any resultant damage from this type of treatment is NOT covered by this ADH program. The use of this coverage requires an explanation of where and when the accident occurred as well as a detailed description of the actual event. Failure to provide this information will result in claim denial. ADH coverage is limited to a one (1) time covered claim during the term of this Contract. You will be required to ship the product, at Our expense, to a designated location for inspection. If Your product is defective as determined by the Administrator, and it is repaired under the Accidental Damage Benefit, the other coverages will remain in effect. If the product cannot be repaired, it may be replaced with a new or remanufactured product of like kind and similar features, capacity and/or efficiency or the Administrator may elect to pay you a cash settlement. The cash settlement shall not exceed the retail purchase price You paid for the original covered product, excluding shipping, handling and taxes. Replacement of a covered product or payment of a cash settlement will fulfill this Service Contract in its entirety and will cancel and discharge further obligations under the Service Contract. If Your product is found to not be defective, it will be returned to You.

TYPES OF SERVICE AND SERVICE LOCATION:
On-Site Service: Repairs will normally be performed On-Site at Your location. In some instances On-Site Service may require the service provider to bring the unit back to their shop to complete repairs. In-Home/On-Site service will be provided by the authorized service provider during regular business hours, local time, Monday through Friday, except holidays.

Depot Service: You will be responsible for shipping (postage pre-paid and insured) Your product to the designated service center. If authorized service is performed, the product will be shipped back to You at no additional cost. You will be asked to provide proof of purchase as a condition for receiving service under this Service Contract.

Carry-In Service: You are responsible for transporting Your product to and from the designated service center. Once the repair is complete, You will be notified to pick up Your product.

The Administrator’s responsibility is to provide the service Your covered product was intended to receive under this Service Contract. If Your covered product originally qualified for Carry-In, Depot or Mail-In Service but has been built in and rendered as a permanent fixture inside or outside of Your location and You are unable to transport or ship the product according to Your Service Contract terms, You will be responsible for the On-Site service call charge. The service call charge is payable to the servicer at the time of service.

SERVICE CONTRACT LIMITS OF LIABILITY; AGGREGATE LIMIT: The total limit of liability under this contract shall not exceed the original purchase price You paid for the covered product excluding taxes, shipping and installation where allowed by law. Prior claims paid will not be considered under the Service Contract Limit of Liability. Technological advances may result in a replacement product with a lower retail price than the original purchase price of the product.

In the event that 1) the Administrator replaces the product or 2) the Administrator pays You a cash settlement amount for the product, the Administrator will have satisfied its obligation in its entirety. The cash settlement amount shall not exceed the original purchase price You paid for the covered product excluding taxes, shipping and installation where allowed by law.

REPLACEMENT OPTION: At the Administrator’s sole option, Your covered product may be replaced with a new or reconditioned product of like kind, similar features, capacity and/or efficiency or the Administrator may elect to pay You a cash settlement. The Administrator will not be responsible for product upgrades, matching brand or color or for any modifications or construction that may be necessary as a condition of service. The cash settlement amount shall not exceed the current retail cost of a replacement product of like kind and quality; and, such retail cost shall not exceed the retail purchase price You paid for the original covered product excluding taxes, shipping and installation where allowed by law. The cash settlement may be in the form of a check or a gift card. You may be required to return the original defective product to the Administrator at Your expense. Replacement of a covered product or payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law.

YOUR RESPONSIBILITIES: 1) Maintain, store and use Your covered product according to the requirements set forth by the manufacturer's specifications, including maintenance and cleaning; 2) Provide proper electrical requirements as specified by the manufacturer;3) Assure full cooperation with the Administrator and authorized service provider during any telephone diagnosis and repair of the covered product including accessibility of the covered product; 4) Provide a safe environment for the service provider; and 5) Provide an adult of legal age for On-Site Service . If you request service and it is determined to be a non-covered repair, You will be responsible for all costs associated with the repair including the diagnostic fee/trip charge to evaluate Your product.

WHAT IS NOT COVERED:

  1. Any New Products with less than an original ninety (90) day manufacturer’s parts and labor limited warranty and/or Refurbished Products with less than a one (1) year dealer’s parts and labor limited warranty.
  2. Consumer replaceable items including but not limited to; light bulbs, fuses, replaceable fluids, hoses, belts, bags, batteries, GPS batteries, ribbons, cartridges, printer heads, or any other parts or materials which are designed to be consumed during the life of the product; adaptors. Any add-on accessories that were purchased in addition to and/or separate from the covered product.
  3. Damage from heat sources; scratching; denting or chipping; sun fading; tarnishing; pitting; staining from any source including but not limited to pets, bodily fluids, hair products and cosmetics; punctures; tears; ink markings or cigarette burns; water or liquid marks or rings; and damage resulting from the use of cleaning products including but not limited to dyes, acids and corrosives.
  4. Failures of the following non-operational components such as but not limited to: cabinetry and cabinet frames, decorative finishing, door liners, glass, custom fronts for appliances, handles, knobs, masks, shelving racks, shelves, software, media and cosmetic damage.
  5. Damage resulting from unauthorized repair; improper gas or water connections; improper electrical wiring or connections and improper voltage; damage caused by excessive weight placed on armrest, footrest and/or backrest or damage caused by not adhering to the weight restrictions as recommended by the manufacturer including but not limited to bending, separation or misalignment of racks or back frame; damage caused during delivery, improper installation, or setup; user facilitated minor adjustments and settings outlined in the product’s owner’s manual; inaccessible products or parts; negligence, misuse or abuse.
  6. Failures due to corrosion, rust, dust, animal or insect damage; Acts of God such as fire, lightning, water, windstorm, sand, dirt, hail or earthquake; exposure to weather, moisture, and other environmental conditions; civil disorders; riot; nuclear accident; malicious mischief; theft or vandalism; extreme environmental conditions including but not limited to extreme temperatures and humidity.
  7. Your failure to follow the instructions described in the product’s owner’s manual, manufacturer’s recommended maintenance procedures, requirements and misuse or abuse of the product.
  8. Image burn-in; pixel defects which are not covered by the original manufacturer’s warranty or are considered acceptable under the manufacturer’s specifications.
  9. Payments for subsequent service calls, including trip charges which result in no problem found diagnosis, customer education and non-failures as determined by the Administrator whereby a repair is not required to return Your product to normal operating condition in accordance with the manufacturers written specifications are not covered.
  10. Failure, inoperability, or disruption of any product or product functions due to any manufacturer recall.
  11. Products utilized for commercial purposes or in commercial settings.
  12. All rental products, self-servicing applications (Laundromats, copy centers, gyms, etc.).
  13. Conditions, which existed prior to Your purchase and delivery of the product or the Service Contract. Special, indirect, incremental, or consequential damages; loss of use.
  14. Any service request or situation which may pose a health risk to Our technicians or service providers, including but not limited to insect infestation, mold, or fungus; whether or not such circumstances were a result of a covered failure.
  15. Any cost associated with the demolition of walls, cabinetry, shelving, countertops, etc. to access the product, wiring, components, etc.; failure related to installation of firmware; failure due to enclosed installations that limits proper ventilation.
  16. Any software, media, or virus related issues; loss or damage to stored data, loss or damage due to computer viruses, items left in Your product, such as but not limited to, computer media, personal items and batteries and computer hardware or software that is added after the original purchase date as indicated on Your purchase receipt.
  17. Except for Portable Electronic Devices, We will not cover product failures due to an unexpected and unintentional external event (drop or liquid spills) that arises from Your normal daily usage of the product.


  18. IN NO EVENT SHALL THE ADMINISTRATOR, OR OBLIGOR OF THIS SERVICE CONTRACT OR THE RETAILER FROM WHOM YOU PURCHASED THE SERVICE CONTRACT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE, LOSS OF DATA, OR LOSS OF USE DURING THE REPAIR PERIOD OF THE PRODUCT (S) OR WHILE OTHERWISE AWAITING PARTS.

REPLACEMENT PARTS: Replacement parts utilized for repair service will be, at the Administrator’s sole discretion, new, rebuilt or non-original manufacturer’s parts that perform to the factory operational specifications of the product. In no event shall the Administrator be liable for damages as a result of the unavailability of repair parts. If We determine, at Our sole discretion, that We cannot repair Your product due to the unavailability of functional replacement parts or technical information, We may elect to pay You a cash settlement in accordance with the REPLACEMENT OPTION above. The cash settlement amount shall not exceed the current retail cost of a replacement product of like kind and quality; and, such retail cost shall not exceed the retail purchase price You paid for the original covered product excluding taxes, shipping and installation where allowed by law. Payment of a cash settlement will fulfill this agreement in its entirety and will cancel and discharge further obligations under the Service Contract, where allowed by law.

REPEAT SERVICE: If Your covered product should require service more than once within a sixty (60) day period, the service must be performed by the original authorized service provider.

AVAILABILITY OF SERVICE AND DELAYS: Service will normally be available during the normal work hours and workdays of the authorized service providers. The Administrator will make a reasonable effort to provide timely service or repair of Your product, however We cannot be held liable for service delays beyond the Administrator’s control or any damages that may arise out of delays including but not limited to consequential damages. In the event that Your service is delayed more than thirty (30) business days, the expiration date of Your Service Contract will be extended by the repair time in excess of thirty (30) days. In the case of an emergency outside normal working hours, reasonable efforts will be made to expedite service for those situations. In the event You are unable to keep Your scheduled appointment with a service provider, You must call to cancel the appointment in advance of the agreed upon time of service or You may be responsible for paying the second trip charge for the subsequent rescheduled repair.

MANUFACTURER’S WARRANTY: Parts and services covered during the manufacturer's warranty period are the responsibility of the manufacturer as described under the manufacturer’s expressed warranty. The Administrator may cover other parts and services not covered by the manufacturer’s warranty and as described in the Service Contract. The Administrator will refer You to the manufacturer for parts and services covered under the manufacturer’s warranty.

DEALER’S LIMITED WARRANTY: For Refurbished Products, parts and services covered during the dealer's one (1) year warranty period are the responsibility of the dealer as described under the dealer’s expressed warranty. The Administrator is not responsible for coverage of any parts and services during this period. The Administrator will refer You to the dealer for parts and services covered under the dealer’s warranty.

RENEWALS: The Administrator may, at its option, renew Your Service Contract. The Administrator is not required or obligated to offer You another Service Contract. In the event You are offered a renewal Service Contract, You will be notified of the terms and conditions and the Service Contract fees that will apply to the renewal. Replacement Plans are not eligible for renewal. TRANSFER: This Service Contract may be transferred to an eligible party at no additional cost to whom You sell or give the equipment while this Service Contract is in force. This may be accomplished only if You notify the Administrator by mail with the name and address of the new owner within 15 days of the change of ownership.

CANCELLATION: You may cancel this contract for any reason at any time. To cancel Your Service Contract call the Customer Service telephone number listed in this Service Contract. You may be referred to the retailer from which You purchased the Service Contract or You may be asked to submit Your request in writing to the Administrator at the address noted in the Definition Section above.

If You cancel this Service Contract within one (1) year after purchase of this Service Contract You will receive a full refund, less any claims paid, where allowed by law. If You cancel after one (1) year from purchase of this Service Contract, You will receive a pro rata refund based on the time remaining on Your Service Contract, less an administrative fee, not to exceed ten percent (10%) of the price of the Service Contract or twenty-five dollars ($25.00), whichever is less, and less any claims paid, where allowed by law. If the Administrator cancels the Service Contract, You will be refunded the unearned pro rata purchase price of the Service Contract, less any claims paid, where allowed by law. If this Service Contract was inadvertently sold to You on a product which was not intended to be covered by this Service Contract, Your Service Contract will be cancelled and You will receive the full purchase price of the Service Contract. We may cancel this Service Contract at our option on the basis of fraud or misrepresentation.