Purchased between 11/21/2018 and 07/01/2019
This is not a contract of insurance.
This Sears Protection Agreement (“Agreement”) is a legal contract that describes the terms and conditions of the Protection Agreement that you have purchased. Please retain this document along with your sales receipt as proof of ownership. Your receipt indicates the type of Agreement that you purchased. There is no deductible for services covered under this Agreement.
“Covered Product”
refers to the product that this Agreement was purchased to cover and is shown in the Declarations Page.
“Protection Agreement”
refers to the Master Protection Agreement (“MPA”) or the Repair Protection Agreement (“RPA”).
“Point of Sale”
refers to When this Agreement is purchased at the same time as the Covered Product
“Purchase Price”
refers to the price you paid for this Agreement.
“Sears Repair”
refer to the repair provider designated by Sears and Federal Warranty Service Corporation.
“Term”
refer to the Term of Coverage.
“You”
and
“your”
refer to the purchaser of this Agreement.
“We”
,
“us”
and
“our”
refer to the Obligor. See Section 17 below for Obligor.
We will repair your Covered Product or provide a comparable replacement item if we cannot complete a covered repair due to unavailability of functional parts or technical information, with no deductible for service(s). Replacement items will include delivery and basic installation. In the event of a replacement, any coverage remaining under the term of this Agreement will be transferred to the new replacement product.
The following numbered sections apply to both Protection Agreement under this Agreement. In addition to the numbered sections below, please see the additional terms and conditions specific to the type of Protection Agreement you purchased. They can be found after Section 18 of this Agreement. Please read it carefully to understand your rights and our obligations under this contract. Certain limitations apply. See Section 12 for coverage exclusions.
1.
TERM OF COVERAGE
. Coverage begins on:
(1) the date this Agreement was purchased for the Covered Product; or
(2) the date you took possession of the Covered Product, whichever is later.
This Agreement expires on the date set forth in your sales receipt, Declarations Page or as otherwise stated within this Agreement.
2.
COVERAGE FOR REPAIRS
. 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 normal wear and tear. 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.
COVERAGE FOR REPLACEMENT
. 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 due to unavailability of functional parts or technical information we will replace the Covered Product with a comparable product. We will determine and authorize the replacement amount, but you will select your replacement product from one of Sears channel (Store, Online or Outlet store) as designated by us. This Agreement provides services during the manufacturer’s warranty, it does not replace it. See Section 10 for effect(s) of manufacturer’s warranty on coverage. You will have up to ninety (90) 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 term of this Agreement 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 Agreement. Please refer to the section of this Agreement that is applicable to your type of Protection Agreement.
TECHNOLOGICAL ADVANCES AND REPLACEMENT PRODUCT AVAILABILITY MAY RESULT IN A REPLACEMENT PRODUCT WITH A LOWER SELLING PRICE THAN THE ORIGINAL PRODUCT (THE NON-REPAIRABLE COVERED PRODUCT). IN ALL CASES, PRODUCT COMPARABILITY FOR A REPLACEMENT PRODUCT WILL BE DETERMINED BY US AT OUR SOLE DISCRETION.
POWER SURGE
. Power surge damage is covered.
4.
DISCOUNT ON NON-COVERED REPAIRS
. On the Covered Product, you are entitled to a 25% discount off the price paid on any service performed and related parts provided by Sears Repair that is not covered by this Agreement.
5.
REIMBURSEMENT ON NON-COVERED PARTS
. On the Covered Product you will be reimbursed 25% 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 any Sears in-home technician, Sears or Sears affiliated store. Retain your receipt and go to
www.searspabenefits.com
.
6.
FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS
. During the Term of this Agreement 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 to your type of Agreement.
To file your claim visit
www.searspabenefits.com
.
7.
BUSINESS OR COMMERCIAL USE
. A product is "used for business or commercial purposes" if it is used for any purpose other than single family household purposes. All products used for business or commercial purposes must have been purchased from a Sears or Sears affiliated store. Central heating and cooling products must also have been installed by a Sears authorized installer with no modifications to the original installation. The following products
are not covered
for commercial use: any floor care, fitness, sewing, computer equipment, power tool product, lawn and garden products or gas grill products.
8.
SERVICE SCHEDULING,
TIME AND PLACE
. In-home service will be performed during Sears Repair’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.
For select types of merchandise, we may transfer the Covered Product from your home to a specialized facility in order to complete the repair, at our expense if the Covered Product is covered by in-home service. 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 Declarations Page or sales receipt.·
To schedule in-home service, call
1-800-4-MY-HOME®
at any time.
For service on digital cameras, tablets, computers and other home office equipment, call
1-800-877-8701
.
If your sales receipt, Declarations Page or this Agreement indicates Shop Service, you must bring the Covered Product to a Sears Repair location and pick it up following completion of service. To locate a repair center near you call
1-800-4-MY-HOME®.
In some cases, you will be provided packaging and you must ship the Covered Product to our service location, at our expense, for repair.
9.
SAFETY AND ACCESSIBILITY
. In the event that the Authorized Service Provider determines that it cannot service your Covered Product due to poor accessibility or unsafe working conditions or that it cannot restore your Covered Product to safe working conditions due to reasons beyond the scope of this Agreement, such as, 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 including the 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.
10.
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 TERM OF THIS AGREEMENT 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 up to the Term selected by you under this Agreement.
11.
ELIGIBILITY FOR COVERAGE
.
If you did not purchase this Agreement at the same time as the purchase of the Covered Product, this section applies to you.
Prior to the sale of 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 regarding the original purchase date of the covered product is correct. Inaccurate information regarding purchase date may result in the 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.
12.
LIMITATIONS OF COVERAGE APPLICABLE TO ALL PLANS.
This Agreement does not cover:
a. Any product located outside the United States, Puerto Rico and Guam.
b. Accessories or attachments.
c.
Repair
of any Covered Product which is damaged or malfunctioning due to causes beyond our control including, but not limited to, repairs necessitated by operator or owner negligence such as the failure to maintain the product according to the owner's manual instructions, improper installation, television burn-in, accidental damage, vandalism, theft, mold, mildew, rust or corrosion, animal or insect infestation, damage caused by lightning and other acts of nature.
d.
Replacement
of any Covered Product for product mismatch; product upgrades; components or accessories such as but not limited to thermostats, pedestals, TV stands and 3D glasses or for any of the reasons listed under subsection c. above.
e.
Service
required as a result of any alteration of the product or equipment or repairs made during the Agreement Term which are not authorized by us, or are made by parties not specifically authorized by us, such as, but not limited to, product that are in a disassembled state.
f.
Expendable
items, including, but not limited to: any filters, bulbs, fluids (gasoline, oil, etc.), saw blades, batteries, and other operating supplies and consumable items. (See Section 5 for information regarding the purchase of non-covered parts).
Exceptions
: Tractor batteries and rechargeable batteries for camcorders, digital cameras and lawn mowers, micro display lamps and refrigerator LED bulbs are covered.
g. The following products, parts and services: installation (other than re-installation required to complete a covered repair or covered replacement), antenna systems, pulling and re-installing of deep well, jet or submersible well pumps.
h. Telephone, water, gas, electrical or other lines, drains, or ductwork connecting to the product or equipment.
i. Upgrades to your Covered Product, permits or any additional expense incurred in order to comply with local, state or federal building codes and other laws and regulations.
j. Any nonfunctional repairs, parts or cosmetic defects of products purchased as “Reconditioned” or “Used” or purchased at outlet stores.
The following additional exclusions and limitations specifically apply to
computer equipment
:
·
Any software, including, but not limited to, application programs, databases, files, source codes, object codes or proprietary data, or any support, configuration, installation or reinstallation of any software or data. You are responsible for backing up copies of all your data and software on a regular basis.·
Service required as a result of non-compatible software or due to improper software use or software virus. ·
Hardware upgrade(s) not purchased at an Authorized Retail store. Hardware upgrades include memory, hard disk drive, and multimedia products. Hardware upgrades purchased at an Authorized Retail store and installed into products and equipment are covered under this Agreement. This Agreement does not cover installation of hardware upgrades.
There may be additional limitations under your specific type of Protection Plan below.
13.
CANCELLATION AND REFUNDS
.
a) You may cancel this Agreement at any time for any reason by mailing a request for cancellation to Cancellation Services, P.O. Box 141147 Spokane Valley, WA 99214, or calling Us at the toll-free number indicated on the sales receipt or Summary Page.
b) If You cancel this Agreement within the first sixty (60) days of the coverage start date, and the Purchase Price has been paid, You will receive a full refund. In the event, this Agreement is cancelled sixty (60) days after the coverage start date, and the Purchase Price has been paid, We will refund You the unearned amount of the charge. If a refund is due, We will pay a penalty of 10% per month on a refund that is not paid or credited within thirty (30) days after return of the Agreement to Us.
c) If You cancel or do not renew Your Agreement for any reason, including nonpayment, this constitutes cancellation of the Agreement by You, subject to the terms and conditions of this Agreement.
d) We may cancel this Agreement for any reason during the first sixty (60) days by sending You written notice with the cancellation reason and date, at Your last known postal address, at least fifteen (15) days before of the cancellation. After sixty (60) days, We may only cancel this Agreement by:
(1) nonpayment of the Purchase Price;
(2) fraud or material misrepresentation; or
(3) substantial breach of duties by You.
If We cancel this Agreement for the above reasons, We will provide you written notice, with the reason and date of cancellation, at Your last known mailing address, at least fifteen (15) days before cancellation. We will reimburse You the Purchase Price as provided in part b. of this Section.
14.
LIMITATION OF LIABILITY
. UNDER NO CIRCUMSTANCES WILL THE OBLIGATIONS UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE PAID FOR THE COVERED PRODUCT.
15.
TRANSFERABILITY
. This Agreement is transferable to any subsequent owner of the Covered Product subject to the terms and conditions of this Agreement. For transferring your Agreement, please call 1-800-4-MY-HOME.
16.
RENEWAL
. No party is obligated to renew this Agreement beyond the expiration date of the Term. The purchase price paid by you for this Agreement may change or increase upon renewal. To renew coverage call 1-800-4-MY-HOME anytime.
17.
OBLIGOR AND ADMINISTRATOR
. The Obligor under this Agreement is Federal Warranty Service Corporation, P.O. Box 195167, San Juan, PR. 00919-5167.
18.
SPECIAL PROVISION.
Obligations of Federal Warranty Service Corporation, under this Agreement are guaranteed under a Service contract reimbursement insurance policy. If Federal Warranty Service Corporation fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against the insurance company, Caribbean American Property Insurance Company, at the following address: 350 Carlos Chardón Avenue, Suite 1101, San Juan, P.R. 00918 or call the Toll Free number at 1-800-981-8888.
In addition to the provisions above, the following Protection Plans also include the following coverage benefits and limitations:
MASTER PROTECTION AGREEMENT (“MPA”)
SERVICE PROMISE.
In the event that we do not repair your Covered laundry, kitchen or HVAC Product on our first (1st) in-home repair attempt and you will be without the use of your Covered Product, we will provide you with a one time rental reimbursement or allowance up to $50 at our sole discretion. To file a claim go to
www.agreementbenefits.com
.
NO LEMON GUARANTEE.
In accordance with the foregoing provisions, at your request we will replace your Covered Product under this MPA after three (3) separate product failures and a fourth (4th) repair is required due to defects in parts or workmanship within any continuous twelve (12) month period that the product is covered by this Agreement. Product failure will be determined by us. Product failures for this purpose must include repair or replacement of a functional, non-expendable part and does not include preventive maintenance, product diagnosis, customer instruction, accessory, cosmetic, or non-functional repair or replacement, or any repair covered under a manufacturer’s product recall. Your request for replacement of a Covered Product must occur within sixty (60) days from its last product failure. To secure authorization, call
1-800-4-MY-HOME.
PREVENTIVE MAINTENANCE.
At your request, we will directly pay the Authorized Service Provider to perform one (1) preventive maintenance check-up within any contract year that the Covered Product is covered under this Agreement
AND when the service is provided in home. Limitations of coverage may apply. See Section 12 above.
FOOD LOSS
. The reimbursement for food loss as stated in Section 6 is limited to up to $300 per repair or replacement.
COSMETIC DEFECTS COVERAGE
. Cosmetic defects are covered under this Agreement for the first three (3) years of ownership of the Covered Product from its original purchase date as set forth on the sales receipt or Declarations Page. In case You selected a term less than three (3) years, it will cover up to the term selected and set forth on the sales receipt. Cosmetic defects and cosmetic incompatibility of parts are not eligible for product replacement; they are only eligible for repair. Limitations of coverage still apply. See Section 12 above.
REPAIR PROTECTION AGREEMENT (“RPA”)
SERVICE PROMISE
. In the event that we do not repair your Covered riding mower, snow removal or HVAC Product on our first (1st) in-home repair attempt and you will be without the use of your Covered Product, we will compensate you for your inconvenience by reimbursing you for a one-time expense, such as lawn mowing or snow removal up to $50 at our sole discretion. To file a claim go to
www.agreementbenefits.com
.
COVERAGE FOR REPLACEMENT
. Under Section 3, the replacement value is limited to up to $1,500.
Exception: For Lawn & Garden products
: When the RPA is purchased at the same time as the Covered Product (“Point of Sale”) there is no limit on the value of the comparable product replacement. For RPA purchases made on Lawn & Garden anytime other than at the Point of Sale including at renewal time, the limit on comparable product replacement will be up to $1,500.
FOOD LOSS.
Reimbursement for food loss as stated in Section 6 is limited to up to $200 per repair or replacement.
LIMITATIONS OF COVERAGE. THIS RPA DOES NOT COVER
:
·
Normal maintenance, such as periodic tune-ups and oil changes
.
·
Nonfunctional repairs or parts.
·
Cosmetic defects.
Bent crankshafts, changing or assembling attachments for tractors or riding mowers.
Refer to Sections 4 & 5 for 25% discount on non-covered repairs and parts.