| Instructions. You must keep the Service Warranty Coverage Contract and the sales receipt for the Product; they are integral parts of the Contract and You may be required to produce them to obtain service.
To Obtain Service. Call N.E.W. 24 hours a day, seven days a week, at 1-800-XXX-XXXX for service. You must call N.E.W. prior to having service; all repairs must be authorized in advance. There is no deductible required to obtain service for Your Product. Foreign language assistance and TDD service for the hearing impaired are available for Your convenience. For TDD service, please call 1-800-288-6990.
What is Covered:
If You Purchased A Repair Plan. This Contract covers parts and labor costs resulting from a mechanical or electrical failure of the Product caused by defects in workmanship and/or materials, including costs of shipping of the Product to and from, an authorized repair center if required by Us. If in-home service is provided for the full term of Your manufacturer's warranty, it will be provided under this Contract.
We will repair or replace the Product, or reimburse You for authorized repairs to or replacement of the Product, at Our discretion, when required due to a Breakdown, including those experienced during normal wear and tear, which is not covered under any other warranty or service contract.
If You Purchased A Replacement Plan. We will replace the Product with one of equal or greater value or reimburse You for replacement of the Product, including costs of shipping of the Product, at Our discretion, when required due to a Breakdown, including those experienced during normal wear and tear, which is not covered under any other warranty or service contract. For cymbals, this Contract will only cover material or manufacturing defects and does not include any Breakdowns due to normal wear and tear. Coverage applies to cymbals that are less than $200 (selling price).
No Lemon Policy: During the term of this Contract, if after three (3) service repairs have been completed for the same defect on an individual Product, and that individual Product requires a fourth repair for the same defect, as determined by Us, We will replace it with a Product of comparable performance. Repairs performed while the Product is under manufacturer's warranty do not apply. Replacement of Product constitutes Contract fulfillment.
Term of Coverage. Coverage commences upon expiration of the manufacturer's labor warranty and extends for a period of twelve (12) or twenty-four (24) months, depending on the Contract You purchase. Power Surge protection shall begin upon date of purchase and continue throughout the term of this Contract. In the event the Product is being serviced by an authorized service Center when the Contract expires, the term of the Contract will be extended until the covered repair has been completed.
Limit of Liability. For any single claim, the limit of liability under this Contract shall be the least of the cost of (1) the total of authorized repairs performed, up to the price paid for the covered Product, (2) replacement with a Product of equal or greater value with similar features, (3) reimbursement for authorized repairs or replacement up to the purchase price for the covered Product, or (4) the price that You paid for the Product. In the event that the total of all authorized repairs exceeds the purchase price paid for the Product, We replace the Product with another of equal or greater value, or We reimburse You for the purchase price paid for the Product, We shall have satisfied all obligations owed under this Contract.
WHAT IS NOT COVERED.
(1) INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, FOR LOSS OF DATA, OR FOR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT A REPAIR CENTER OR OTHERWISE AWAITING PARTS; (2) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT; (3) DAMAGE FROM ACCIDENT, ABUSE, MISUSE, BATTERY LEAKAGE, HEAT, IMPROPER POWER SUPPLY, INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, UNAUTHORIZED PRODUCT MODIFICATIONS OR ALTERATIONS; (4) FAILURE TO FOLLOW THE MANUFACTURER'S INSTRUCTIONS; (5) THIRD-PARTY ACTIONS (FIRE, COLLISION, VANDALISM, THEFT, ETC.); (6) THE ELEMENTS OR ACTS OF GOD; (7) WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT OR CIVIL COMMOTION; (8) ACCESSORIES, EXPENDABLES AND SUPPLIES, INCLUDING: BATTERIES, ANTENNAS, CARTRIDGES, STYLUSES, RECORDS, AUDIO/VIDEO DISKS, TAPES, COMPUTER SOFTWARE OR SOFTWARE DISKS, CHARGERS, EXTERNAL POWER SUPPLIES, STRINGS, DRUM HEADS, DRUM STICKS, CABLES, CYMBALS OVER $200 SELLING PRICE, AND BULBS; (9) PREVENTATIVE MAINTENANCE, INCLUDING BUT NOT LIMITED TO ALIGNMENT, TUNING AND REPAIRING FINISHES; (10) WITH THE EXCEPTION OF DAMAGE MANIFESTING FROM POWER SURGES, DAMAGE COVERED BY ANY OTHER WARRANTY OR SERVICE CONTRACT; (11) DAMAGE WHICH IS NOT REPORTED WITHIN 30 DAYS AFTER EXPIRATION OF THIS CONTRACT; (12) CRACKING OF OR OTHER PHYSICAL DAMAGE TO THE PRODUCT; (13) PRODUCTS PERMANENTLY INSTALLED IN A PHYSICAL COMMERCIAL LOCATION OR RENTALS; (14) COST OF INSTALLATION, REMOVAL OR REINSTALLATION OF THE PRODUCT; (15) PRODUCTS NOT COVERED BY MANUFACTURER'S WARRANTY; (16) DEFECTS KNOWN AS THE "YEAR 2000 PROBLEM," "MILLENNIUM BUG ," OR "YEAR 2K;" (17) ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE PRODUCT; (18) NON-FUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, KNOBS, SCRATCHES, PEELING AND DENTS; (19) UNAUTHORIZED REPAIRS AND/OR PARTS; (20) PARTS FAILURE DUE TO A MANUFACTURER RECALL; (21) ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; (22) DAMAGE, WARPING OR RUSTING OF ANY KIND TO THE HOUSING, CASE OR FRAME OF THE PRODUCT OR ANY NON-OPERATING PART; (23) DAMAGE INCURRED DURING TRANSPORTATION; (24) LOSS OR DAMAGE RESULTING FROM THE FAILURE TO PROVIDE MANUFACTURER'S RECOMMENDED MAINTENANCE; (25) IMPROPER INSTALLATION OF COMPONENTS OR PERIPHERALS; (26) BURNED-IN PHOSPHOR IN CATHODE RAY TUBES OR ANY OTHER TYPE OF DISPLAY; (27) ANY DAMAGE CAUSED BY A COMPUTER VIRUS; (28) ANY DAMAGE TO RECORDING MEDIA, INCLUDING ANY SOFTWARE PROGRAMS, DATA, OR CONFIGURATION/SETUP INFORMATION RESIDENT ON ANY MASS STORAGE DEVICES SUCH AS HARD DRIVES, CD-ROM DRIVES, DVD DRIVES, FLOPPY DISKETTES, TAPE DRIVES OR TAPE BACKUP SYSTEMS, AS A RESULT OF THE MALFUNCTIONING OR DAMAGE OF AN OPERATING OR NONOPERATING PART, OR AS A RESULT OF ANY REPAIRS OR REPLACEMENT UNDER THIS CONTRACT; (29) PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (30) ALL SOFTWARE, INCLUDING CUSTOMIZED OR PROPRIETARY SOFTWARE, AND THOSE SOFTWARE ERRORS THAT CONFIRM IMPROPERLY FUNCTIONING OR DEFECTIVE SOFTWARE; (31) LOSS OR CORRUPTION OF DATA AND/OR THE RESTORATION OF SOFTWARE AND OPERATING SYSTEMS.
Definitions. (1) N.E.W.: National Electronics Warranty Corporation of Florida, PO Box 1543, Ashburn, VA 20146-1543, a service warranty association is the Obligor under this Contract; (2) Breakdown: The mechanical or electrical failure of the Product caused by defects in workmanship and/or materials; (3) Product: The consumer item(s) which You purchased concurrently with and is covered by this Contract; (4) You/Your or Warranty Holder: The individual who purchased the Product and this Contract or the assigned transferee.
Transfer. This Contract may be transferred to a new owner. You may transfer by contacting N.E.W. at their address or telephone number, specified herein. Information provided by You must include the Contract number, date of transfer, new owner's name, complete address and telephone number.
Renewal. This Contract is renewable.
Cancellation. In the event the Warranty Holder cancels this Contract, return of the premium shall be based upon 90 percent of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on behalf of the Warranty Holder. In the event this Contract is cancelled by N.E.W., return of premium shall be based upon 100 percent of the unearned pro-rata premium.
Insurance. Obligations of the Obligor under this Contract are insured under a service contract reimbursement insurance policy issued by Virginia Surety Company, Inc., 1000 Milwaukee Avenue, Glenview, Illinois, 60025, Attention: Service Contract Claims, 1-800-209-6206.
Entire Contract. This Contract, including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt for Your Product constitute the entire agreement. Your rights under this Contract may vary from state to state.
Arbitration. To the extent permitted by applicable law, any controversy or claim arising out of or relating to this Contract, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration. If you have residence or place of business in the state of Florida, venue shall be chosen within the county in which you reside.
Administered by:
National Electronics Warranty Corporation of Florida
P.O. Box 1340 o Sterling, VA 20167-8434 o (800) KEEP-NEW
© 2003 N.E.W. Customer Service Companies, Inc.
All Rights Reserved. M123-09.03
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