PLEASE REVIEW THIS AGREEMENT CAREFULLY. It describes the terms and conditions of the Protection Plan that You have purchased. Please retain this Agreement along with Your sales receipt or Confirmation of Coverage for the Covered Product You purchased as proof of ownership. These are integral parts of this Agreement, and You may be required to produce such to obtain service. Your sales receipt or Confirmation of Coverage indicate the type of Plan that You purchased. This Agreement, including all terms, conditions, limitations, exceptions, and exclusions constitute the entire agreement between the Obligor and You. THIS AGREEMENT IS NOT AN INSURANCE POLICY. If any provision of this Agreement is held unenforceable, such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect. Failure by Obligor to require performance of any provision of this Agreement shall not affect Obligor’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The Terms and Conditions of the Agreement shall prevail over any conflicting, additional, or other terms of any purchase order or other document and constitute Your and Our entire understanding with respect to the Agreement.
DEFINITIONS
(1) “Authorized Service Provider” means the authorized technician retained by the Obligor to diagnose the issue(s) with the Covered Product(s), provide preventative maintenance (if applicable), and if a Covered Claim, then the party who provides authorized repair and/or replacement services under this Agreement.
(2) “Administrator” means Transform Sears Home Services LLC, 5407 Trillium Blvd, Suite B120, Hoffman Estates, IL 60192, (800) 4MY-HOME®.
(3) “Agreement” or “Plan” means this Sears Protection Agreement, including all terms, conditions, limitations, exceptions, and exclusions.
(4) “Coverage Option” means RPA or MPA Coverage Option You selected, as indicated on Your sales receipt or Confirmation of Coverage.
(5) “Covered Claim” refers to the repair or replacement of a Covered Product in accordance with the terms and conditions of this Agreement. (
6) “Covered Product” means the qualifying product(s) identified on Your sales receipt or Confirmation of Coverage that is covered by this Plan.
(7) “Effective Date” means the date You purchased this Agreement and Covered Product, as listed on Your sales receipt or Confirmation of Coverage.
(8) "Maximum Cumulative Liability” means 100% of the amount You paid for the Covered Product, as indicated on Your sales receipt or Confirmation of Coverage excluding any fees, taxes, and the cost of this Plan. If You do not have Your sales receipt or Confirmation of Coverage, then the value of the Covered Product will be based upon the fair market value of an item of like kind, quality and function.
(9) “MPA” means the Master Protection Agreement.
(10) “Plan Fee” means the purchase price of this Agreement, as shown on the sales receipt or Confirmation of Coverage, which is either paid by You in full when You purchase this Agreement or is paid by You in monthly installments. Any applicable state and local taxes are in addition to the Plan Fee or other fees payable under the Agreement.
(11) “RPA” means the Repair Protection Agreement.
(12) "We", Us” and “Our” mean the company obligated under this Agreement, the “Obligor,” as follows:
(i) Federal Warranty Service Corporation, P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 in all states except in Florida and Oklahoma.
(ii) United Service Protection, Inc., P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578 in Florida.
(iii) Assurant Service Protection, Inc., P.O. Box 205689, Atlanta, GA 30348-5689, 1-877-881-8578 in Oklahoma.
(13) “You” and “Your” mean the person who purchased the Coverage Option as outlined in this Agreement, and any authorized transferee/assignee of the purchaser.
PLAN COVERAGE
(1) COVERAGE : Subject to the terms and conditions of this Agreement, We, in our sole discretion, will repair Your Covered Product that becomes inoperable and is unable to perform its primary function during the Agreement Term due to a mechanical failure caused by normal wear and tear (standard usage), or otherwise covered under Power Surge Coverage, or We will provide a comparable replacement item for such Covered Product. Replacement items will include delivery and basic installation. In the event of a replacement, any coverage remaining under the Agreement Term will be transferred to the new replacement product. Subject to the Maximum Cumulative Liability, the amount of any replacement will be an amount equal to the depreciated value of the Covered Product based on the Covered Product age and the Product Depreciate Schedule located in Section 15. Provision of depreciated value or Product replacement will fulfill Our obligations on Your Covered Product. Except as otherwise set forth in the applicable MPA, or RPA coverage sections of this Agreement, the following numbered sections apply to each Coverage Option under this Agreement.
Coverage under this Plan begins on the later of the Effective Date or the date You took possession of the Covered Product, and shall continue until the date set forth on Your sales receipt or Confirmation of Coverage or as otherwise stated within this Agreement (“Agreement Term”). This Plan is not intended to restore the Covered Product to like-new condition. Coverage is limited to repair or replacement of the Covered Product, as determined by the Coverage Options You selected.
If You purchased the Covered Product prior to the time that You purchased this Agreement, We reserve the right to obtain product information from You in order to determine eligibility for coverage. To be eligible for coverage, the product must be in proper operating condition at the start of coverage and the information You provided regarding the original purchase date of the Covered Product must be correct. Inaccurate information regarding purchase date may result in the Covered Product being ineligible for coverage. We reserve the right to inspect the Covered Product to determine eligibility for coverage. If You are not current on Your installment or monthly payments for this Agreement, You will not be eligible for coverage or benefits under this Agreement until payment is brought current.
(2) REPAIR COVERAGE : Subject to the Plan Terms and Conditions, We will directly pay on Your behalf, or reimburse You based on pre-approval by Us, the cost of parts and services that are needed to repair Your Covered Product due to a mechanical failure caused by normal wear and tear (standard usage). Replacement parts may be new or refurbished to meet the manufacturer’s specifications of the original product. Repair services will be performed by a qualified repair technician designated by Us.
(3) REPLACEMENT COVERAGE : Subject to the Plan Terms and Conditions, We have the sole right to determine whether a Covered Product will be repaired or replaced. If we determine that a Covered Product is not repairable, including situations where functional parts or technical information are not available, We will replace the Covered Product with a comparable product. We will determine and authorize the replacement amount based on the Product Depreciation Schedule in Section 15. We may choose to provide such payment in the form of a gift card, check, via a payment service, or equivalent or You will select Your replacement product from a store as designated by Us. In some cases replacement will be arranged through the manufacturer. You will have up to thirty (30) days from the date of authorization to complete the replacement process. The original Covered Product must be returned in order to receive Your replacement product. Any coverage remaining under the Agreement Term will be transferred to the new replacement product. Replacement products may be new or refurbished to meet the manufacturer’s specifications of the original product. If You choose not to have Your Covered Product replaced under this Agreement, then You may cancel this Agreement and we will refund the purchase price You paid for Your current coverage. We will not be responsible for reconfiguring space to accommodate a replacement product when a product of identical dimensions is not available.
There may be additional replacement benefits and limitations depending on Your type of Protection Plan. Please refer to the section of this Agreement that is applicable to Your type of Protection Plan.
(4) PRODUCT COMPARABILITY : In all cases, product comparability for a replacement product will be determined by Us at our sole discretion. Technological advances and replacement product availability may result in a replacement product with a lower selling price than the original Covered Product (the non-repairable Covered Product). Non-essential and or expendable components of a Covered Product are not covered repairs. We will not repair or replace Your Covered Product if the underlying issue is not required for the Covered Product’s primary function. Non-essential and or expendable components include but are not limited to clocks, timers, lights, LCD display, shelves, accessories, rotisseries, removable buckets, audio/visual, lock and key assemblies, internet connectivity devices, refrigerator water filters, remote control devices, freezers or dispensers which are not an integral part of a refrigerator.
(5) POWER SURGE COVERAGE : Subject to the Plan Terms and Conditions, this Plan protects Your Covered Product against damage or defects caused by a power surge, subject to the Maximum Cumulative Liability.
(6) DISCOUNT ON NON-COVERED REPAIRS : Subject to the Plan Terms and Conditions, You are entitled to a 25% discount off the price paid on any service performed and related parts provided by our Authorized Service Provider on a Covered Product that is not covered by this Agreement.
(7) REIMBURSEMENT ON NON-COVERED PARTS : Subject to the Plan Terms and Conditions, only on a Covered Product, You will be reimbursed 15% of the purchase price of non-covered parts such as, water filters (purchased individually or as a subscription), refrigerator coil brushes and dryer brushes purchased from Sears Parts Direct.com. Retain Your sales receipt or Confirmation of Coverage and go to www.agreementbenefits.com .
(8) FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS : Subject to the Plan Terms and Conditions. we will reimburse You for any food spoilage that is the result of a mechanical failure of the Covered Product. The mechanical failure must be verified by Us. You must file Your claim within fourteen (14) days from the date the loss was verified. Please refer to the section of this Agreement that is applicable Your Coverage Option. To file Your claim visit www.agreementbenefits.com .
(9) SERVICE SCHEDULING, TIME, AND PLACE : In-home service will be performed during the Authorized Service Provider’s normal business hours. If, due to the loss of the use of Your Covered Product, Your health or safety is endangered or if damage to or loss of Your property is threatened, We will make commercially reasonable efforts to expedite service. On some products, telephone support by a technician will be available and You may be asked to check some basic operational functions and be given possible solutions to get Your Covered Product back to working condition. . Coverage applies only to products which are located at one (1) address. If Your Agreement covers more than one Covered Product, then coverage applies only to Covered Products which are located at the address on the sales receipt or Confirmation of Coverage. To schedule in-home service, call 1-800-4MY-HOME® during normal business hours.
(10) SAFETY AND ACCESSIBILITY : In the event that the Authorized Service Provider determines that Your Covered Product cannot be serviced due to poor accessibility, unsafe working conditions or that Your Covered Product cannot be restored to safe working conditions due to reasons beyond the scope of this Agreement, including, but not limited to, code violations, improper storage, improper installation that was not performed or authorized by Us, use or movement of the product or equipment, including the failure to follow the owner’s manual instructions or failure to place the product or equipment in an area that complies with the manufacturer's published space or environmental requirements, Authorized Service Provider will not be required to proceed until You remedy the applicable cause. In order for Us to provide the quality service You expect, You should cooperate fully with the service technician while in Your home; provide a safe, non-threatening environment and clear access to the Covered Product. You have the duty to follow the instructions on the owner's manual and protect the Covered Product against further damage. Failure to comply with these conditions may be cause for cancellation of this Agreement.
(11) EFFECT(S) OF MANUFACTURER’S WARRANTY ON COVERAGE : Covered Products in need of parts and service that are still covered under the manufacturer’s warranty period or recall work, will be serviced by Authorized Service Provider in accordance with the manufacturer’s guidelines. IF THE AGREEMENT TERM OVERLAPS WITH THE TERM OF YOUR MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR MANUFACTURER'S WARRANTY FOR COVERAGE. THIS AGREEMENT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR MANUFACTURER'S WARRANTY. This Agreement is inclusive of and runs concurrently with the manufacturer’s warranty, it does not replace it. This Agreement provides benefits in addition to the manufacturer’s warranty.
(12) DEDUCTIBLE : For breakdown or failure of a Covered Product covered by the Plan, You must first pay the Deductible if indicated on the sales receipt or Confirmation of Coverage. Once the Deductible has been paid for the Covered Claim (if applicable), subsequent work, performed under the Plan to repair or replace the original repair or replacement, will not be subject to additional deductibles.
(13) CANCELLATION AND REFUNDS : You may cancel this Agreement at any time for any reason by calling 1-800-4MY-HOME® or by mailing written notice of cancellation to: Cancellation Services, P.O. Box 141147 Spokane Valley, WA 99214. We may cancel this Agreement if You fail to pay, including via monthly or installment options where applicable, make a material misrepresentation, substantially breach Your duties under this Agreement, or if Authorized Service Provider or its representatives determines that it cannot service or repair Your Covered Product due to the causes listed in Section 9 of this Agreement. We may also cancel this Agreement if the Covered Products model or serial number is altered, missing or illegible. If this Agreement is cancelled by You or Us: (i) any time within the full manufacturer’s warranty period (parts & labor); or (ii) during the first sixty (60) days of the Agreement Term, You will receive a 100% refund of the purchase price paid for this Agreement. After the first sixty (60) days of the Agreement Term, We will refund the purchase price allocable to the remainder of the Agreement Term prorated on a monthly basis, less any claims paid. If You are paying Your Agreement via installment or monthly plan, and You cancel Your Agreement, for the purpose of determining Your refund, if any, the purchase price You paid to date will be deemed the purchase price of this Agreement. Any refund will be made in the same form as the original payment of this Agreement. No refund will be granted if this Agreement is cancelled after the Covered Product has been replaced. UNDER NO CIRCUMSTANCES WILL YOUR REFUND EXCEED THE VALUE OF THE PURCHASE PRICE YOU PAID FOR THIS AGREEMENT.
(14) LIMITATION OF LIABILITY : Our Maximum Cumulative Liability over the Agreement Term for covered repairs or replacements of Covered Products shall not exceed the Maximum Cumulative Liability, except as may otherwise be required by law, We and Our agents, contractors or licensees are not liable for any incidental or consequential damages, including, but not limited to, property damage, lost time, loss of use of Covered Product or any other damages resulting from the breakdown or failure of Covered Product, delays in servicing, availability of products including parts or the inability to service any Covered Product.
(15) OTHER CLAIM SETTLEMENT POLICIES AND PROCEDURES : In some cases, We may, in Our sole discretion, provide payment to You as the final outcome for a claim, in lieu of providing repair or replacement (“Claim Settlement”). We may choose to provide such payment in the form of a gift card, check, via a payment service, or equivalent. If We are unable to provide repair including where the Covered Product cannot be repaired due to unavailability of parts or otherwise or the repair is not cost effective, We may, in Our sole discretion, offer You either a replacement of like kind, quality and function or a Claim Settlement in lieu of repair or replacement. The amount of any Claim Settlement will be an amount equal to the depreciated value of the Covered Product based on the Covered Product age. Provision of depreciated value or Product replacement will fulfill Our obligations on Your Covered Product. The depreciation schedule is as follows:
Product Depreciation
Payment Schedule