Extended Warranty Service Agreement
Service Contract Comprehensive Coverage
This document sets forth the entire Contract between the Service Contract Administrator hereinafter referred to as We, Us and Our, and, the Purchaser as You and Your. No representation, promise or condition not contained herein shall modify these terms. Service Net Warranty, LLC ("Service Net") is contractually obligated to You to provide service under this Contract in accordance with, and as allowed by state law. If this Contract is purchased in Florida, New Hampshire Insurance Company is contractually obligated to You to provide service under this Contract.
1. WHAT IS COVERED
We will replace the original purchased Product specified on Your TiVo order with a new or refurbished unit, provided such replacement is authorized and necessitated by Product operational or mechanical failure during normal usage. Coverage does not apply to accessories that are used in conjunction with or to enhance the performance of the covered Product. This service plan protects against operational failure of a covered Product if a failure occurs while connected to a surge protector approved by the Underwriter's Laboratory. Your surge protector may be collected for examination.
2. TO OBTAIN AUTHORIZATION FOR REPLACEMENT
- You must obtain authorization prior to the receipt of a replacement Product by calling 1-877-FOR-TiVo (1-877-367-8486).
- Have your TiVo service number available.
- Instructions on obtaining a replacement will be given.
- You will be responsible for return shipping of your defective product.
- At Our determination. You will receive a replacement Product of like grade and quality. The replacement Product may at Our option be a future version or edition of your original Product. In all cases where a replacement cannot be made, You will receive reimbursement for the original purchase price of the Product, excluding sales tax and, delivery charges.
- We reserve the right to replace the Product with a remanufactured or refurbished Product.
- The replacement Product will be mailed to You at no cost.
3. LIMIT OF LIABILITY
Maximum liability under this Contract shall be the cost of: (I) one replacement with a Product of like grade and quality or (II) reimbursement of the retail price paid for the products minus the sales tax. This Contract provides for only the one-time replacement of the Product with another Product of like grade and quality. This Contract will expire at the time of this replacement or reimbursement for replacement or term expiration and the covered Product becomes the property of Service Net and We may, at Our discretion, require the Product to be returned to Us (or Our designee) at Our expense. Service Net reserves the right to replace the Product with a remanufactured or refurbished Product.
4. WAIT PERIOD
This contract does not have a wait period.
5. TERM OF COVERAGE
Coverage begins at the date of Product delivery through the end of the Expiration Date indicated on the reverse side of this contract.
No deductible applies to this Contract.
This Contract is not renewable.
8. LIMITATIONS OF COVERAGE This Contract Does Not Cover
A. Any equipment located outside the United States.
B. Service or replacement required as a result of any alteration of the equipment, or repairs made by anyone other than a participating servicing dealer, an authorized service provider, its agents, distributors, contractors or licensees, or the use of supplies other than those recommended by the manufacturer.
C. Damage or other equipment failure due to the failure to maintain the equipment according to the owner's manual instructions (except accidental damage from handling claims), abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions. acts of war, acts of God or other force majeure events.
D. Service or replacement necessary because of improper storage, improper ventilation, reconfiguration of equipment, or the failure to place the equipment in an area that complies with the manufacturer's published space or environmental requirements.
E. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used. Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment.
F. Equipment used commercially or in a commercial setting or equipment sold as a rental.
G. Cosmetic damage such as, but not limited to scratches, dents, rust, stains.
H. Nonfunctional parts such as, but not limited to, plastics or finishes. Expendable or lost items, such as, but not limited to ear buds or head phones.
I. Consumable items; consumable items are defined as any part that is considered consumable by the manufacturer and/or any item that is designed to be consumed (wear out) during the life of the Product, regardless if it is consumer replaceable or not.
J. Pre-existing conditions (incurred prior to the effective date of coverage) known to You.
K. In-warranty parts not provided or shipped by the manufacturer. Operational or mechanical failure covered by manufacturer's recall, manufacturer's warranty extension, or factory bulletins, (regardless of whether or not the manufacturer is doing business as an ongoing enterprise).
L. Consequential damages as a result of malfunctioning of or damage to an operating part of the covered equipment, or damages as a result of any repairs or replacements under this agreement Damages caused by delays in rendering service or loss of use during the period that the Product is at the authorized service center or otherwise awaiting parts are not covered. You are responsible for creating back-ups of all Your data and software on a regular basis.
M. Operational or mechanical failure which is not reported prior to expiration of this Contract.
N. Equipment sold without a manufacturer's warranty or sold "as is" is not covered.
O. Loss or damage as a result of violation of existing federal, state and municipal codes including. but not limited to power surge and spike resulting from a violation of those codes.
P. Transit or delivery damage, damage caused by packing. unpacking, assembly, installation, or removal. Short circuit, loss of use, lack of maintenance, bodily injury, adjustments, periodic checkups or maintenance.
Q. Any cost recoverable under an insurance policy issued to you (in such case, this Contract will cover any applicable deductible).
R. Any software, including but not limited to, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data where such software is not provided by TiVo.
S. Equipment where the TiVo service number does not match the Product covered under this contract.
9. CANCELLATION AND REFUND
You may cancel this contract at any time for any reason if You have not had a claim. If You cancel this Contract within sixty (60) days of the date purchased and have not filed a claim You will receive a refund of the full purchase price. If You cancel this Contract thereafter and have not filed a claim, You will be refunded the remaining days of coverage on a monthly prorated basis. You nor the Dealer nor We are obligated to renew this Contract beyond the Expiration Date.
10. STATE VARIATIONS
Certain states have specific conditions; conditions listed on this form apply to you.
You may transfer this Agreement to any person by contacting TiVo at 1-877-367-8486.
If Service Net assigns another insurance carrier with an "AM Best" industry rating of A- or better under this Contract directly or indirectly, such new insurance carrier will carry the liability under this Contract.
13. RIGHT TO RECOVER FROM OTHERS
If We make any payment, We are entitled to recover what We paid from other parties. By accepting settlement of a claim, You transfer to us Your right to recovery against any other parry.
14. COVERAGE AND TERM
This is not an Insurance Policy. As the Administrator, We will assist You in understanding Your warranty and coverage benefits from the day You purchase Your Plan. If Your Product needs repair for operational or mechanical failure, You are required to call the toll free number 1-877-367-8486. If we fail to pay or provide service on a claim within 30 days after proof of loss has been filed, or in the event We are no longer a going concern, You are entitled to make a claim directly against the Insurer, New Hampshire Insurance Company or Illinois National Insurance Company, 80 Pine Street, 13th Floor, New York, NY, 10005. Telephone 1-800-250- 3819. Please enclose a copy of Your plan when sending correspondence to the Insurer. There are some limitations of coverage. You should review the limitations of coverage paragraph for details.
15. ENTIRE CONTRACT
This is the entire Contract and no oral modifications are valid.
16. LIMITATION OF LIABILITY
THE DEALER/RETAILER, SERVICE NET, THEIR AGENTS, CONTRACTORS OR LICENSEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED EQUIPMENT. EXCLUSION IS MADE OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN.
17. MANUFACTURER'S WARRANTY
This Contract does not replace or change the terms and conditions of the manufacturer's warranty. If You have any questions, require customer service, or wish to report a claim, please contact 1-877-367-8486.