OQO extended protection plan - terms and conditions

service contract administrator/obligor

Warrantech Consumer Product Services, Inc. (WCPS)
P.O. Box 1189 Bedford, TX 76095 Telephone: (800) 342-5349

congratulations

You have just made a smart consumer decision to protect yourself from the future cost of repairing your new product by purchasing an OQO Extended Express or System Care Express Service Plan (the "Plan"). This Plan is an agreement between the Administrator/Obligor, Warrantech Consumer Product Services, Inc. (WCPS), 2200 Highway 121, Bedford, TX 76021, and you, the purchaser. However, if you are a resident of Arkansas, Maine, Missouri or New Jersey, this Plan is an agreement between the Obligor/Provider of this Plan, the retailer, and you, the purchaser. If you are a resident of California, this Plan is an agreement between the Obligor/Provider of this Plan, Butler Financial Solutions, LLC ("Butler"), 1854-A Hendersonville Road, PMB 6, Asheville, NC 28803, and you, the purchaser. In addition to the security offered by dealing with a leader in the industry, the obligations assumed under the terms of this Plan are fully insured by an insurance carrier rated "Excellent" by A.M. Best. Please keep this document in a safe place along with the sales receipt you received when you purchased your product. The sales receipt may be required at the time of service. It will serve as a valuable reference guide and will help you determine what is covered by the Plan. As the Administrator, WCPS will assist you in understanding your warranty and Plan benefits from the day you purchased your Plan.

product eligibility

The protection offered under this Plan is among the most dependable and comprehensive available, offering coverage above and beyond that offered by the manufacturer. This Plan covers products purchased as new or factory-refurbished and manufactured for use in the United States, which at the time of purchase included a manufacturer's original or factory-refurbished warranty valid in the United States. In order to be eligible for a Plan, the manufacturer's original or factory-refurbished warranty must provide at least 90 days parts and labor coverage. This Plan covers mechanical and electrical failures (excluding the battery) that would normally be covered by the original manufacturer's written warranty, unless otherwise stated in the Exclusions from Coverage section of this document. Coverage only applies to products used non-commercially. Accessories and/or add-on options, whether purchased separately or with the computer product, and not essential to the basic function of the covered product are not eligible for coverage. Products sold through an Unauthorized Dealer or an Unauthorized Internet Provider do not carry an original manufacturer's parts and labor warranty and are therefore ineligible for coverage under the WCPS Preferred Service Plan and will be cancelled.

coverages

For All Plans: Technological advances may result in a replacement product with a lower selling price than the original product. No refunds will be made based on the replacement product cost difference. The most we will pay on any single repair or replacement is the price you paid for the original product, excluding taxes. Should the total cost of repairs or replacement(s) equal the price you paid for the original product, excluding taxes, our maximum liability has been met under this contract and there will no longer be coverage under the terms of this contract. Replacement products will include a manufacturer's warranty and the retailer has the option to offer an additional extended service contract on the replacement product. If the covered product is not repairable and a replacement product is not available, we will refund up to the product purchase price, excluding taxes, and this contract will be fulfilled and all obligations satisfied. If the covered product is deemed non-repairable or repair parts become unavailable during the coverage period of this Plan, we will replace the product with a product of equal or similar features and functionality. Replacement products may be new or rebuilt products. In no event shall the Obligor or Administrator be liable for any damages as a result of the unavailability of repair parts. In no event shall the obligation to administer claims extend beyond the term of coverage commencing upon the date of product purchase. You may be required to ship or deliver the defective product prior to receiving reimbursement or a replacement product. The Administrator and Insurance Company own all parts removed from repaired products or complete units replaced in their entirety. If it is determined the problem is not covered under the terms of the Plan or there is a "no problem found" diagnosis, you will be responsible for any related charges to the service center.

Extended Express Plans: The OQO Extended Express Service Plans begin on the date of product purchase and continues for the period indicated on your sales receipt. Coverage under the Extended Express Plan is effective immediately upon the expiration of the shortest portion of the manufacturer's original or factory-refurbished parts and labor warranty. During the manufacturer's warranty period, any parts, labor, or shipping covered by that warranty is the sole responsibility of the manufacturer. After the manufacturer's warranty expires, this Plan will furnish replacement parts, labor and shipping necessary to maintain your covered product. If service is needed because of a product failure during normal usage, the Administrator has the option to repair or replace the defective product with a product of equal or similar features and functionality, though not necessarily the same brand. A replacement part or product may be new or refurbished.

System Care Express Plans: The OQO System Care Express Service Plans begin on the date of product purchase and continue for the period indicated on your sales receipt. Coverage under the System Care Express Plan is effective immediately upon the expiration of the shortest portion of the manufacturer's original or factory-refurbished parts and labor warranty. During the manufacturer's warranty period, any parts, labor, or shipping covered by that warranty is the sole responsibility of the manufacturer. After the manufacturer's warranty expires, this Plan will furnish replacement parts, labor and shipping necessary to maintain your covered product. If service is needed because of a product failure during normal usage, the Administrator has the option to repair or replace the defective product with a product of equal or similar features and functionality. A replacement part or product may be new or refurbished. Accidental Damage Coverage under the System Care Express Plan will begin on the date of product purchase and continues for the period indicated on your sales receipt.

if your product needs repair

  • - If your covered product needs repair for mechanical or electrical failures, you are required to call 1-877-676-6688 to obtain authorization prior to having repairs made. For faster service, please have your dated proof of product purchase (sales receipt) available when you place the call. All repairs must be approved before they are performed. We will not reimburse you for repairs performed without prior approval or performed by unauthorized servicers or others.
  • - Do not return the covered product to your retailer unless so instructed by the Administrator.
  • - When you receive authorization for repairs, the service representative will direct you to a designated service center. A copy of the proof of product purchase (sales receipt), and a brief written description of the problem must accompany the product. We will not be liable for freight charges or damage due to improper packaging.
  • - If your product is covered under another valid service contract and/or insurance policy, this Plan will provide coverage over and above the other service contract and/or insurance policy.
  • - While we try to complete service as quickly as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer's delays, shipment to a service facility or acts of God.

important consumer information

This Plan is deemed a service contract under federal law.

If we fail to pay or provide service on a claim within 60 days after proof of loss has been filed, you are entitled to make a written claim directly against the Insurer, Wesco Insurance Company, 59 Maiden Lane, New York, NY 10038, 1-877-528-7878. Please enclose a copy of your Plan and proof of product purchase. For residents of the State of Washington, if we fail to pay or provide service on a claim, you may make an immediate and direct claim to the insurer.

If the covered product is exchanged by the manufacturer or retailer, you must advise the Administrator in writing at P.O. Box 1189, Bedford, TX 76095 Attn: Data Entry or call 1-800-342-5349 with the date of exchange, make, model, and serial number of the replacement product within 10 days of the exchange. In the event of such exchange, the coverage period shall not exceed the original contract expiration date. If you transfer ownership of the covered product, this Plan may be transferred by sending to the Administrator, at the address above, the name, address, and phone number of the new owner within 10 days of the transfer along with a $10.00 transfer fee. The cancellation provisions of the service contract apply only to the original purchaser of the service contract. This Contract, including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt for your covered product, constitutes the entire agreement and no representation, promise or condition not contained herein shall modify these items, except as required by law.

exclusions from coverage

All Plans: This Service Contract does not cover any loss or damage resulting from: pre-existing conditions known to you (pre-existing means a condition that within all reasonable mechanical probability relates to the mechanical fitness of your covered merchandise prior to contract issuance); improper packaging for shipment to a service center; improper installation of components or peripherals; unauthorized repairs or modifications; improper use of electrical/power supply; loss of power; power surge or overload (unless provided under Special Feature and Benefits); any result of a malfunction or damage of an operating part from failure to provide manufacturer's recommended maintenance; transportation damage; damage to outside casing, cabinetry or frame of product; attachments; theft or mysterious disappearance; abuse, misuse, neglect, vandalism or malicious mischief; collapse or explosion; battery leakage; bending or dropping; environmental conditions including, but not limited to: fire, floods, smoke, corrosion, sand, dirt, lightning, moisture or water damage, freezes, storms, wind or windstorm, hail, earthquake, or exposure to weather conditions; vehicles, aircraft, interruption of gas or electrical service, riot, nuclear radiation, war or hostile action, radioactive contamination; intentional or accidental damage by third parties; intentional physical damage; software and software related problems; losses on any component(s) never covered by a manufacturer's warranty; any damage to recording media including any program, data or setup resident on any mass storage devices such as hard drives, CD-ROM devices, floppy diskettes, tape drives or tape backups as a result of the malfunctioning or damage of an operating part; reception and transmission problems resulting from external causes. Other exclusions include but are not limited to: any repair covered by a manufacturer's warranty; recall or rework, regardless of the manufacturer's ability to pay for such repairs; damage resulting from computer viruses; neglect, misuse, abuse of any component including adjustments, manipulation or modifications made by anyone other than an authorized service technician; covered products with removed or altered serial numbers; consumer replaceable items or any other parts or materials which are designed to be consumed during the life of the covered product; removal and reinstallation of an internal component not performed by a factory authorized service center; damage caused by any repair personnel or any owner, employee or third party; design deficiency; cosmetic or structural items; cables, cords, wiring, keypads, switches and connectors; fuses, component(s) never covered by a manufacturer's warranty; damage, warping or rusting of any kind in the housing, case or frame of the product or any non-operating part, including but not limited to plastic, or decorative parts; operational errors on the part of the consumer; loss of data or for loss of use during the period the covered product is at a repair facility or otherwise awaiting parts; any costs associated with repairs or maintenance resulting from the product's inability to correctly recognize, distinguish, interpret or accept dates in the Year 2000 and beyond; pixel burnout not in accordance with the manufacturer's specifications; components and products used for commercial purposes; products provided for public use or rental. This Plan does not cover "no problem found" diagnosis from the manufacturer or any other third party.

Extended Express Plans: In addition to the exclusions noted above, this Service Contract does not cover any loss or damage resulting from: dropped product; collision with another object; accidental physical damage; water or other liquids; spillage of any kind.

You are responsible for backing up all software and data prior to commencement of any repair. This Plan does not cover restoration of software or data, or data retrieval to your covered product. If your covered product experiences a failure or damage that is excluded from coverage under this section or in the event that no covered failure or damage is found, then you are responsible for all repair costs including shipping.

disclaimer of certain liabilities

Under no circumstances shall the retailer, WCPS, or the Insurer be liable for indirect, consequential, or incidental damages (including damages for lost profits, business interruption, loss of data, and the like), even if any party has been advised of the possibility of such damages. This Plan will not cover any defects that are subject to a manufacturer's program of reimbursement. This Plan is not a warranty or insurance policy; it is a Service Contract. This Service Contract is not intended to create or limit any implied warranties concerning your product, which may or may not exist under applicable law.

cancellation

You are entitled to a "Free Look" period for this service contract. If you decide to cancel this service contract within 30 days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. You may cancel by informing the retailer/seller of the service plan of your cancellation request within 30 days of receiving the service contract. The service contract is non-cancelable after 30 days from the date of purchase. For those states that do not permit non-cancellation of your service contract, the law of that state shall apply to residents requesting cancellation. For a complete list of state requirements, please review the "SPECIAL STATE REQUIREMENTS" section in the complete terms and conditions. If we cancel this service contract, we must provide you with a written notice at least 15 days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. Return of the premium is based upon 100% of the unearned pro-rata premium.

to renew this service plan

To renew your coverage, please call 1-800-541-6014 on or before the expiration date of this Plan. Renewal prices will reflect the age of the product, current service costs, and product repair experience. Renewal prices will be available from WCPS upon request at time of renewal. Note, not all products are eligible for renewal.

do you need protection for other products in your home?

Contact WCPS for further information by writing to P.O. Box 1189, Bedford, TX 76095, Attn: Direct. For faster service, call 1-800-541-6014. Please have the model number, manufacturer, year of purchase, and other relevant information available when placing your call. Offer not available to California residents.

THIS IS AN ABBREVIATED VERSION OF THE COMPLETE TERMS AND CONDITIONS FOR THE WCPS PREFERRED SERVICE PLAN. FOR A COPY OF THE COMPLETE TERMS AND CONDITIONS, VISIT OUR WEB SITE AT www.wcpsonline.com/oqo, or call (800) 342-5349.