Retain this document as proof of ownership.
This is not a contract of insurance
In this Repair Protection Agreement (hereinafter referred to as “RPA” or “Agreement”), the terms “we,” “us,” “our” and “Provider” refer to Sears Protection Company (PR), Inc. (“SPC (PR)”), a wholly-owned subsidiary of Sears, Roebuck and Co. (“Sears”). The terms “you” and “your” refer to the purchaser of this RPA.
Obligations under this Agreement are backed by the full faith and credit of the Provider.
1. COVERAGE AND TERM. Subject to the terms and conditions of this RPA, and during the Term (as that term is hereinafter defined) we will directly pay on your behalf the cost of parts and services performed by a qualified repair provider that we shall designate (“Sears Repair”) necessary to maintain the proper operating condition of the product(s) as to which you specifically purchased this RPA to protect (the “Covered Product”) as set forth on the reverse side, including repairs necessary due to normal wear and tear of such Covered Product(s). Any parts and service necessitated by a Sears Repair on Covered Product(s) which is then subject to any manufacturer’s warranty or manufacturer’s recall will be performed by Sears in accordance with the procedures and dictates of such manufacturer’s warranty or manufacturer’s recall. Parts used to repair out of warranty product(s) may be either new or rebuilt or non-original manufacturer's parts, at our option. Products including those within the original manufacturer’s warranty period may be repaired or replaced with a comparable product (which may have a lower selling price than the Covered Product(s)) from a Sears or Sears affiliated store, or, at our discretion, we will issue a credit for the replacement value of the Non-Repairable Covered Product(s), which value could be substantially less than the price paid for the Covered Product(s).
The term of this RPA (“Term”) begins on the date coverage was purchased on the Covered Product(s) and expires on the date set forth on the reverse side.
Any manufacturer’s warranty period on the Covered Product(s) may run simultaneously with the Term or a portion of the Term, however at no time will the Total Price (as that term is defined in Section 11 of this RPA) you paid for this RPA include coverage within such coverage time period that is specifically set forth in such manufacturer’s warranty for the Covered Product(s). Any manufacturer’s warranty on the Covered Product(s) is separate and distinct from the coverage being provided to you under this RPA. The Total Price has been determined at a rate which takes into consideration any manufacturer’s warranty period or the period not consumed by the manufacturer’s warranty of such Covered Product(s).[3]
THERE ARE CERTAIN LIMITATIONS TO COVERAGE UNDER THIS RPA WHICH ARE SET FORTH IN SECTIONS 2, 9, 10 AND 12 BELOW, INCLUDING CERTAIN SPECIAL STATE PROVISIONS WHICH ARE ALSO SET FORTH BELOW
.
2. ELIGIBILITY FOR COVERAGE.
You represent that the product(s) listed on the reverse side is in proper operating condition at the start of coverage and the information related to "Date Purchased" is correct.
Covered Products must have a legible model and serial number. Covered Products without the proper identification will not be eligible for any service under this agreement and this agreement will be cancelled. We reserve the right to inspect the products listed on the reverse side to determine eligibility for coverage. Coverage applies only to products which are located at one (1) address within a single dwelling unit.
3. DISCOUNT ON NON-COVERED REPAIRS. On the Covered Product(s), you are entitled to a 25% discount off the regular retail price on any service performed and related installed parts provided by Sears Repair that is not covered by this RPA. The 25% discount is also good on the purchase of consumable parts like filters and blades ordered from SearsParts Direct at 1-800-252-1698.
4. TRANSFERABILITY. This RPA is transferable to any subsequent owner of the Covered Product(s) subject to the terms and conditions of this RPA.
5. FOOD LOSS REIMBURSEMENT FOR REFRIGERATORS AND FREEZERS. We will reimburse you up to $200 within any continuous twelve (12) month period during the Term of this RPA for any food spoilage that is the result of a mechanical failure of the Covered Product(s) that is covered for such food spoilage. The food loss must be verified by us. If the Covered Product at issue is still under a manufacturer’s warranty, any reimbursement under this RPA is in addition to any reimbursement under such manufacturer’s warranty. In no case shall the total reimbursement under the manufacturer’s warranty and this RPA, in the aggregate, exceed the value of the food loss.
6. UNAVAILABILITY OF FUNCTIONAL PARTS OR TECHNICAL INFROMATION. If we determine that a Covered Product is not repairable due to unavailability of functional parts or technical information (a “Non-Repairable Covered Product”), you are entitled, at your option, to either: (1) a comparable product replacement based solely on the replacement value of such Non-Repairable Covered Product as determined by us, from a Sears or Sears affiliated store; or (2) a merchandise credit up to $1,500 towards the cost of a replacement item if the price of the replacement product exceeds $1,500. If neither of the two options in the immediately preceding sentence is selected by you, then SPC (PR) may cancel this RPA and refund the
Total Price of your current RPA coverage for the Non-Repairable Covered Product. You have up to ninety (90) days from the date of authorization by SPC (PR) to select your replacement product. Replacement products may be new or rebuilt to meet the manufacturer’s specifications of the original product. We shall not be responsible for reconfiguring space to accommodate replacement product(s) when a product of identical dimensions is not available. T
ECHNOLOGICAL ADVANCES AND REPLACEMENT PRODUCT AVAILABILITY MAY RESULT IN A REPLACEMENT PRODUCT WITH A LOWER SELLING PRICE THAN THE ORIGINAL PRODUCT (BEING THE NON-REPAIRABLE COVERED PRODUCT). IN ALL CASES, PRODUCT COMPARABILITY FOR A REPLACMENT PRODUCT WILL BE DETERMINED BY US AT OUR SOLE DISCRETION.
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. Any product not listed in Section 10 (d) below that is used for business or commercial purposes may be covered under this Agreement. 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
[1] Pursuant to PR OCI Normative Letter No.: N-AM-9-66-2005, Paragraph 1.
8. TIME AND PLACE OF SERVICE. Service will be performed during the Sears Repair 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. For products requiring in-home service or repair (as indicted on the reverse side of this certificate), call
1-800-4-MY-HOME®
at any time to arrange for service. For service on digital cameras, computers and other home office equipment, call
1-800-877-8701
. On some products, telephone support by a technician will be available and you will be required to check some basic operational functions and be given possible solutions before a technician is dispatched to your home. If the reverse side indicates Shop Service, you must bring the Covered Product(s) to a Sears Repair location and pick it up following completed service. In some cases, you will be provided packaging and you must ship the Covered Product to our service provider, at our expense, for repair. For select types of merchandise, we may transfer 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 an in-home agreement.
9. SAFETY AND ACCESSIBILITY. In the event that Sears Repair determines that it cannot service your Covered Product(s) due to poor accessibility or unsafe working conditions or that it cannot restore your Covered Product(s) to safe, working conditions due to reasons beyond the scope of this Agreement, such as, but not limited to, code violations, improper storage, installation, use or movement of the product or equipment, including the failure to place the product or equipment in an area that complies with the manufacturer's published space or environmental requirements, Sears Repair shall not be required to proceed until you remedy the applicable cause.
10. LIMITATIONS OF COVERAGE. THIS RPA DOES
NOT
COVER:
a.
normal maintenance, such as periodic tune-ups and oil changes
b. accessories or attachments, nonfunctional repairs or parts and cosmetic defects.
c. any product located outside the United States, Puerto Rico and Guam.
d. any lawn and garden, floor care, fitness, sewing, coin operative laundry, computer equipment or power tool, gasoline powered or gas grill product used for any business or commercial purposes.
e. repair of any 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, CRT-based or Plasma television burn-in, accidental damage, abuse, misuse, vandalism, theft, rust, corrosion, animal or insect infestation, damage caused by lightning and acts of nature.
f. 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(s) that are in a disassembled state.
g. expendable items, including, but not limited to: any batteries (those for lawnmowers, tractors and camcorders are covered), bulbs (micro display lamps are covered), filters, vacuum cleaner bags, blades, spark plugs, trimmer lines, fluids (gasoline, oil, etc.), sewing machine needles, saw blades, tines, ink jet print heads, printer cartridges or drums and other operating supplies and consumable items.
h. the following products, parts, and services: installation (other than re-installation required to complete a covered repair or replacement required under Section 6 of this RPA), antenna systems, bent crankshafts, pulling and re-installing of deep well, jet or submersible well pumps, and changing or assembling attachments for tractors or riding mowers.
i. telephone, water, gas, electrical or other lines, drains, or ductwork connecting to the product or equipment. Upgrades to your Covered Product(s), permits or any additional expense incurred in order to comply with local, state or federal building codes and other laws and regulations are your responsibility.
j. coverage to your Covered Product(s) if poor accessibility or unsafe working conditions exist. Sears Repair shall not be required to proceed until you remedy the applicable cause.
The following additional limitations apply specifically to computer equipment.
i. 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.
ii. service required as a result of non-compatible software or due to improper software use or software virus.
iii. hardware upgrade(s) not purchased at Sears or Sears PR. Hardware upgrades include memory, hard disk drive, multimedia products, and printer font cartridges. Hardware upgrades purchased at Sears or Sears PR and installed into equipment are covered under this RPA. This RPA does not cover installation of hardware upgrades.
11. CANCELLATION AND REFUNDS. You may cancel this RPA at any time for any reason by calling 1-800-4-MY-HOME® or by mailing written notice of cancellation to: Cancellation Services, P.O. Box 2570, High Point, NC 27263. We may cancel this RPA if you fail to pay, make a material misrepresentation, substantially breach your duties under this RPA, or if Sears Repair or its representatives determines that it cannot service or repair your Covered Product(s). We may also cancel this Agreement if the Covered Product(s) does not have a legible model or serial number. We will notify you of any cancellation being made by us for the reasons set forth above in accordance with applicable law and the terms and conditions of this RPA. If this RPA is cancelled by you or us, as the case may be, within the first sixty (60) days of the Term or prior to the expiration of the full manufacturer’s warranty for the Covered Product at issue (whichever occurs last), excluding warranties covering component parts of the Covered Product, we will refund 100% of the total price you paid for this RPA (the “Total Price”) for the RPA coverage on the Covered Product(s) actually being cancelled. If there is more than one product being covered under the terms and conditions of this RPA and only one of the products is being cancelled from this Agreement, the Total Price shall mean the price paid for this RPA that is allocated to such product being cancelled as the RPA shall remain in effect for any other Covered Product(s) not the subject of such cancellation.
For multiple Covered Product(s) covered by this RPA, refer to your sales receipt for the Total Price itemized allocation on each Covered Product(s).[4]
If this RPA is cancelled after the first sixty (60) days of the Term or after the expiration of the full manufacturer’s warranty for the Covered Product at issue (whichever occurs last), excluding warranties covering component parts of the Covered Product, we will refund the Total Price allocable to the remainder of the Term of this RPA prorated on a monthly basis, for the Covered Product that is specifically the subject of such cancellation. Any refund will be made in the same form as the original payment of this RPA.
A 10% penalty per month shall be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.
12. LIMITATION OF LIABILITY. EXCEPT AS STATED IN SECTION 5, 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(S) OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF COVERED PRODUCT(S), DELAYS IN SERVICING OR THE INABILITY TO SERVICE ANY COVERED PRODUCT(S) EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE OBLIGATIONS OF PROVIDER UNDER THIS RPA TO YOU FOR MONETARY RECOVERY EXCEED THE TOTAL PRICE PAID FOR THE COVERED PRODUCT(S) UNDER THIS RPA.
13. RENEWAL. No party is obligated to renew this RPA beyond the expiration date of the Term. The Total Price paid by you for this RPA may change or increase upon a renewal of this RPA. By purchasing this Agreement, you agree that Sears may call you to notify you of renewals terms and upgrade plans for this RPA.
Sears Protection Company (PR), Inc., Provider, 3333 Beverly Road, Hoffman Estates, IL 60179
SPC (PR) RPA Jul2010 FORM 6G/PR
[1] De conformidad con la Carta Normativa de la OCS de PR Núm.: N-AM-9-66-2005, párrafo 1.
[2] De conformidad con la Carta Normativa de la OCS de PR Núm.: N-AM-9-66-2005, párrafo 2.
[3] Pursuant to PR OCI Normative Letter No.: N-AM-9-66-2005, Paragraph 1.
[4] Pursuant to PR OCI Normative Letter No.: N-AM-9-66-2005, Paragraph 2.
Purchased Before 6/28/2015