Eccotemp Warranty PLAN

ECCOTEMP EXTENDED PROTECTION PLAN TERMS AND CONDITIONS

*These terms apply to the Continental US only and the Extended Warranties offered in the United States. Eccotemp reserves the right to change, modify or cancel these terms without notice. If you did not purchase an Extended Warranty directly from Eccotemp then it is not valid and these terms do not apply.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: It describes the protection you will receive in return for payment by you. Please keep this document in a safe place along with the sales receipt you received when you purchased your product, as you may need them to verify your coverage at the time of service. You must maintain the product as recommended by our manufacturer's owner’s manual or product warranty. Refer to your sales invoice or receipt to determine the term of this plan. An extended warranty does not go into effect until the manufacturer warranty ends. It is an extension of that original warranty and the terms may differ from the original manufacturer warranty.

DEFINITIONS

“You” and “Your” refer to the purchaser of the product(s) covered by this plan or to the person to whom this plan was properly transferred;
“Seller” refers to the selling retailer;
“Product” means the item(s) which you purchased with and which is covered by this plan;
“Failure” means the failure of your product to perform its intended function due to mechanical or electrical breakdown resulting from defects in materials or workmanship during normal usage of your product.

PRODUCT ELIGIBILITY: This plan covers products purchased as new and manufactured for use in the United States, which at the time of purchase included a manufacturer’s original warranty valid in the United States and providing minimum coverage of ninety (90) days parts and labor. Accessories and/or add-on options purchased separately and not essential to the basic function of the product are not eligible for coverage. Eligible products must be enrolled within sixty (60) days of purchase here.

WHAT IS COVERED: We agree to repair or replace your product in the event your product is rendered inoperable due to a mechanical or electrical failure during the term of this plan, if the product is not covered under any insurance, warranty, guarantee and/or plan. Parts used to repair or replace your product may be new, used, refurbished, or non-original manufacturer parts that perform to the factory specifications of your product. This plan does not cover repair or replacement of the product for any of the causes or provide coverage for any losses set forth in the section entitled “WHAT IS NOT COVERED” below.

1. Repair Plan: In the event of a covered claim, Eccotemp will furnish labor and/or parts required to repair the failure of your product. Non-original manufacturer’s parts of like kind and quality may be used if the original manufacturer’s parts are unavailable. In lieu of repairing the product, we reserve the right, at our sole discretion, to replace your product with a product of equal or similar features and functionality, not necessarily the same brand. *Applies only in the Continental United States.

2. Accidental Damage from Handling Coverage (ADH Coverage): ADH Coverage augments your plan by providing protection against sudden and unforeseen accidental damage to your product, provided such damage was in the course of regular use of the product by you, subject to the exclusions below. ADH Coverage does not provide protection against wear and tear, 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 unit functionality, or damage caused during shipment between you and our service providers. If protective items such as covers, carrying cases or pouches, etc. were provided or made available for use with your product, it is expected that you will continually use these accessories for protection against damage to your product. “Abuse” is defined as your intentional non-utilization of protective items during the use of your product, or your treatment of the product(s) in a harmful, injurious or offensive manner that may result in its damage. Any resultant damage from this type of treatment is NOT covered by ADH Coverage.

Technological advances may result in a replacement product with a lower selling price than your original product. No refunds will be made based on the replacement product cost difference. If your product is not repairable and a replacement product is not available, Eccotemp will reimburse you up to the original purchase price of your product, excluding taxes and less claims paid, if any, and this plan will be fulfilled and all obligations satisfied. In no event shall Eccotemp be liable for any damages as a result of the unavailability of repair parts. You may be required to ship or deliver the defective product prior to receiving reimbursement or a replacement product. Any and all parts or units replaced under this plan become the property of Eccotemp in their entirety.

3. Acts of God Coverage (AGC): Acts of God Coverage supplements the basic coverage included in your plan by providing protection against unusual, extraordinary, sudden and unexpected manifestations of the forces of nature. An act of God is defined as a natural event independent of human force that cannot be controlled or predicted and results in loss or damage. Damage to your product caused by an act of God is damage due directly and exclusively to natural causes which could not have been prevented by the exercise of reasonable care and foresight. Acts of God Coverage includes but is not limited to earthquakes, hurricanes, tsunamis, and volcanic eruptions. If your product is damaged by an act of God, Eccotemp reserves the right to ask for corroborating evidence before repair or replacement. Acts of God Coverage covers repair and/or replacement of your product if the conditions of an act of God are met. Acts of God Coverage does not provide protections against wear and tear, theft, mysterious disappearance, misplacement, reckless or willful mishandling or use of the product, cosmetic or other damage that does not affect product functionality, or damage caused during shipment.

ADDITIONAL BENEFITS TO YOUR PLAN:

POWER SURGE PROTECTION: This plan also covers the failure of your product resulting from a power surge caused by power outage while your product is properly connected to a surge protector approved by Underwriters Laboratories Inc.

POWER SURGE DOES NOT COVER DAMAGES CAUSED BY IMPROPER INSTALLATION OR CONNECTION TO AN INCORRECT POWER SOURCE. Coverage begins on date of purchase.

NO LEMON GUARANTEE: If we have completed three (3) service repairs for the same problem on an individual component of your product, which first began after the manufacturer’s warranty period had expired (“Qualifying Service Repairs”), and if that product component requires a fourth (4th) repair for the identical problem as determined by Eccotemp, we reserve the right to replace your product with one of equal or similar features and functionality, not necessarily same brand, not to exceed the original purchase price of your product, excluding shipping, handling, and taxes. Once a product is replaced, this plan is considered fulfilled and we shall have no further obligation to provide service under this plan. Preventative maintenance checks, cleaning, product diagnosis, customer education, accessory repairs/replacements, computer software related problems, and any unauthorized repairs done outside of the United States are not considered repairs for the purposes of this NO LEMON GUARANTEE: Repair services performed while your product is under the manufacturer’s warranty period are not considered Qualifying Service Repairs.

PLACE OF SERVICE: If your Plan includes depot service, you will be responsible for shipping the product to the designated depot center. We will pay for shipping of the product from and to your residence. If Your product qualifies for Carry-In Service, you are responsible for transporting your product to and from the designated service center. If our diagnosis indicates that the failure is not covered by this plan, you may be responsible for all service fees incurred for such diagnosis.

LIMIT OF LIABILITY: The total amount that we will pay for repairs or replacement made in connection with all claims that you make pursuant to this plan shall not exceed the original purchase price of your product, less taxes. In the event we make payments for repairs, which in the aggregate, are equal to the original purchase price of your product or we replace your product, we will have no further obligations under this plan. IN NO EVENT SHALL THE TOTAL OF ALL CLAIMS OR REPLACEMENT EXCEED THE ORIGINAL PRICE PAID BY YOU FOR THE COVERED PRODUCT, LESS TAXES.

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT, FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE. WE SHALL NOT BE LIABLE FOR ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS PLAN, INCLUDING INHERENT PRODUCT FLAWS.

PLAN TERMS:

Date of Purchase (DOP) Plans: This plan begins on the date of product purchase and is based upon the term of coverage; product description and retail price limitations shown on your sales receipt and continues for the period of time defined on your sales receipt. this plan is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty but provides certain benefits during the term of the manufacturer’s warranty. Eccotemp only cover parts and shipping. Eccotemp reserves the right to choose the shipping method. Upon expiration of the shortest portion of the manufacturer’s original or factory-refurbished parts and/or labor warranty, this plan continues to provide many of the manufacturer’s benefits as well as certain additional benefits listed within this plan and will furnish replacement parts and/or labor necessary to restore your covered product to standard manufacturer’s operating condition.

Accidental Damage from Handling (ADH) Coverage: ADH Coverage begins on the date of product purchase and continues for the period defined on your sales receipt. Coverage for the mechanical or electrical failure of your product is subject to the PLAN TERMS described above.

IF YOUR PRODUCT NEEDS REPAIR: If you need to file a claim under this plan, you must contact the administrator. Please email support@eccotemp.com or visit www.eccotemp.com. For fastest service, please have your proof of product purchase (sales receipt) available when you contact the administrator. THIS PLAN MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When you receive authorization for repairs, the service representative will advise you of the designated service center. A copy of the proof of product purchase (sales receipt), and a brief written description of the problem must accompany your product. We will not be liable for freight charges or damage due to improper packaging. Do not return your product to your retailer unless so instructed by the administrator. If your plan expires during the time of an approved repair or replacement, this plan is extended until the repair or replacement has been completed. *Repair not offered or valid to any customer outside the continental U.S. Excludes: Hawaii, Virgin Islands, Alaska, and Canada.

WHAT IS NOT COVERED: THIS PLAN DOES NOT COVER ANY LOSS, REPAIRS OR DAMAGE CAUSED BY OR RESULTING FROM:

(A) PRE-EXISTING CONDITIONS INCURRED OR KNOWN TO YOU (PRE-EXISTING MEANS A CONDITION THAT WITHIN ALL REASONABLE MECHANICAL OR ELECTRICAL PROBABILITY RELATES TO THE MECHANICAL FITNESS OF YOUR COVERED MERCHANDISE PRIOR TO CONTRACT ISSUANCE);

(B) IMPROPER PACKAGING AND/OR TRANSPORTATION DAMAGE DURING SHIPMENT TO A SERVICE CENTER OR RELOCATION OF THE COVERED EQUIPMENT;

(C) INSTALLATION, REMOVAL, REINSTALLATION OR IMPROPER INSTALLATION OF COMPONENTS, UPGRADES, ATTACHMENTS OR PERIPHERALS;

(D) PRODUCTS AND/OR COMPONENTS THAT ARE USED IN APPLICATIONS THAT REQUIRE CONTINUOUS BUSINESS AND/OR COMMERCIAL OPERATION, OR ARE USED FOR COMMERCIAL, INDUSTRIAL OR PUBLIC USE PURPOSES OR OFFERED ON A RENTAL BASIS, OR COIN - OPERATED PRODUCTS;

(E) DAMAGE OR FAILURE CAUSED BY RIOT, NUCLEAR RADIATION, WAR OR HOSTILE ACTION, RADIOACTIVE CONTAMINATION, ETC.;

(F) DAMAGE FROM FREEZING OR OVERHEATING;

(G) NEGLECT, NEGLIGENCE, MISUSE, ABUSE, INTENTIONAL PHYSICAL/MECHANICAL/ELECTRONIC DAMAGE, PHYSICAL DAMAGE OR MALICIOUS MISCHIEF, THEFT OR MYSTERIOUS DISAPPEARANCE, VANDALISM, RUST, CORROSION, WARPING, BENDING, ANIMAL OR INSECT INFESTATION, ETC. TO THE COVERED PRODUCT OR ANY COMPONENT; (H) DAMAGE OR OTHER EQUIPMENT FAILURE DUE TO CAUSES BEYOND YOUR CONTROL SUCH AS ENVIRONMENTAL CONDITIONS, EXPOSURE TO WEATHER CONDITIONS OR ACTS OF NATURE INCLUDING, BUT NOT LIMITED TO: FIRE, FLOODS, SMOKE, SAND, DIRT, MOISTURE, WATER DAMAGE OF ANY KIND, WHETHER FROM FRESH WATER, SALTWATER OR OTHER WATER INTRUSION, STORMS, WIND OR WINDSTORM, HAIL, EARTHQUAKE, ETC.;

(I) REPAIRS NECESSITATED BY OPERATION OUTSIDE THE MANUFACTURER OPERATIONAL OR ENVIRONMENTAL SPECIFICATIONS;

(K) COLLISION WITH ANOTHER OBJECT, COLLAPSE, EXPLOSION, UNLESS COVERED UNDER A PLAN WHICH SPECIFICALLY INCLUDES ANY OF THE DEFINED CAUSES;

(L) DAMAGE, WARPING, BENDING OR RUSTING OF ANY KIND TO THE HOUSING, CABINETRY, SUPPORTS, OUTSIDE CASING OR FRAME OF THE PRODUCT;

(M) IMPROPER OR INADEQUATE STORAGE; (N) DAMAGE TO A COVERED PART CAUSED BY A NON-COVERED PART;

(O) IMPROPER INSTALLATION OF CUSTOMER REPLACEABLE COMPONENTS, MODULES, PARTS OR PERIPHERALS AND/OR INSTALLATION OF INCORRECT PARTS;

(P) ANY RESULTANT MALFUNCTION OR DAMAGE OF OR TO AN OPERATING PART OF THE COVERED PRODUCT FROM FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR OPERATION/STORAGE OF THE COVERED PRODUCT IN CONDITIONS OUTSIDE MANUFACTURER SPECIFICATIONS OR USE OF A COVERED PRODUCT IN SUCH A MANNER AS WOULD VOID COVERAGE UNDER THE MANUFACTURER’S WARRANTY OR THAT ARE USED IN A MANNER INCONSISTENT WITH THE DESIGN OF THE EQUIPMENT OR MANUFACTURER INSTRUCTIONS OR SPECIFICATIONS;

(Q) OPERATIONAL ERRORS ON THE PART OF THE CONSUMER;

(R) ALTERATION OR MANIPULATION, OF ANY INTERNAL COMPONENT OR COVERED PRODUCT MADE BY ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN; REMOVAL, INSTALLATION, REINSTALLATION, UNAUTHORIZED REPAIR, UNAUTHORIZED MODIFICATION OR ADJUSTMENT,

(T) COVERED PRODUCTS SUBJECT TO A MANUFACTURER RECALL, WARRANTY OR REWORK TO REPAIR DESIGN OR COMPONENT DEFICIENCIES, IMPROPER CONSTRUCTION, MANUFACTURER ERROR, ETC. REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPAIRS;

(U) EQUIPMENT SOLD WITHOUT A MANUFACTURER’S WARRANTY OR “AS IS”;

(V) COVERED PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS;

(W) CONSEQUENTIAL DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS CONTRACT, OR LOSS OF USE OR DATA DURING THE PERIOD THE COVERED PRODUCT IS AT AN AUTHORIZED REPAIR FACILITY OR OTHERWISE AWAITING PARTS;

(X) NON-FAILURE PROBLEMS INCLUDING BUT NOT LIMITED TO NOISES, SQUEAKS, ETC.;

(Y) NORMAL PERIODIC OR PREVENTATIVE MAINTENANCE, USER EDUCATION, SET UP ADJUSTMENTS;

(Z) CLEANINGS OR ANY REPAIR COVERED OR SHOULD BE COVERED BY A MANUFACTURER WARRANTY, PLAN OR OTHER INSURANCE;

(AB) REPAIRS FOR COSMETIC DAMAGE OR IMPERFECTIONS OR TO STRUCTURAL ITEMS;

(AC) FAILURE TO PRODUCT ATTACHMENTS NOT PROVIDED BY THE MANUFACTURER OR INCLUDED IN THE ORIGINAL SALE;

(AD) REPAIR OF LCD/PLASMA RESOLUTION/FAILURE, PIXEL BURNOUT OR OTHER IMAGE FAILURE NOT IN ACCORDANCE WITH THE MANUFACTURER’S SPECIFICATIONS AND/OR MINIMUM DISPLAY STANDARDS OR MINOR PIXEL ILLUMINATION ISSUES THAT DO NOT AFFECT THE OVERALL VIEWING OF THE PANEL SUCH AS, BUT NOT LIMITED TO, MISSING PIXELS, INTERMITTENT PIXELS, OR WRONG COLOR PIXELS;

(AF) SIGNAL RECEPTION OR TRANSMISSION PROBLEMS RESULTING FROM EXTERNAL CAUSES;

(AG) REPAIR OR REPLACEMENT COSTS FOR LOST COMPONENTS NOT ORIGINALLY COVERED BY THE MANUFACTURER’S WARRANTY

(AJ) SERVICE OR REPLACEMENT OUTSIDE OF THE continental UNITED STATES OF AMERICA;

(AK) SERVICE EVENTS NOT REPORTED DURING THE TERM OF THIS PLAN.

(AL) EXCLUSIONS SPECIFIC TO CERTAIN PRODUCTS:

In addition to any applicable exclusions listed above, we do not cover damage caused by or due to

(a) overheating caused by accumulation of dust, vermin or fan blockage; misuse and abuse.

OUR RIGHT TO RECOVER PAYMENT: If you have a right to recover against another party for anything we have paid under this plan, your rights shall become our rights. You shall do whatever is necessary to enable us to enforce these rights. We shall recover only the excess after you are fully compensated for your loss.

CANCELLATION: You may cancel this plan by informing the selling dealer/retailer of your cancellation request within thirty (30) days of the purchase of the plan and you will receive a one-hundred percent (100%) refund of the full purchase price of your plan. If your cancellation request is made more than thirty (30) days from the date of purchase, you will receive a pro-rata refund of the plan purchase price, minus the cost of repairs made (if any), and minus an administrative fee not to exceed ten percent (10%) of the plan purchase price or twenty-five dollars ($25.00), whichever is less, unless otherwise provided by state law. The cancellation provisions in this plan only apply to the original purchaser of this plan. If we cancel this plan, we must provide you with a written notice at least fifteen (15) days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. If we cancel this plan, you will receive a refund based upon one-hundred percent (100%) of the unearned pro rata purchase price of this plan.

TRANSFERABILITY: This plan is transferable by the original purchaser for the balance of the original extended protection period. If you transfer ownership of your product, this plan may be transferred by sending to the administrator within 10 days of the transfer, at the address above, a copy of this plan and your sales receipt, along with the name, address, and phone number of the new owner, the date of new ownership, and a $10.00 transfer fee. The manufacturer’s warranty may not be transferrable. This plan does not replace the manufacturer’s warranty and provides no coverage therein, except as noted above.

GUARANTEE: This is not an insurance policy. Should we fail to pay any valid claim or fail to replace the product covered under this plan within sixty (60) days after the product has been returned or, in the event you cancel this plan, and we fail to refund the unearned portion of the plan price, you are entitled to make a direct claim against Eccotemp Systems, LLC.

ENTIRE AGREEMENT: This plan, including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt for your product, constitutes the entire agreement and no representation, promise or condition not contained herein shall modify these items, except as required by law. This plan is only valid within the continental United States. Excludes: Hawaii, Virgin Islands, Alaska and Canada.