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Guardian Extended Warranty plan Information

RESIDENTIAL FURNITURE – TERMS AND CONDITIONS
This is a legal contract (hereinafter referred to as the “Plan”). By purchasing it, you understand that it is a legal
contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. This Plan
and your Welcome Letter and receipt, containing the Effective Date and Expiration Date of your Plan, and the product
identification constitute the entire agreement between you and us.
NOTE: This Plan is not an insurance policy, cleaning or maintenance contract, or your original manufacturer warranty.
This Plan covers defects in workmanship and/or material of your covered furniture item(s) and, if applicable, accidental
damage from normal household use, as described herein.
DEFINITIONS:
Throughout this Plan the words (1) “you” and “your” refer to the purchaser of this Plan as shown on the receipt, and
includes the Lessee if the product was acquired under a rent-to-own or lease-purchase transaction (collectively, “RTO
Transaction”); (2) “we”, “us”, “our” refer to the company obligated under this Plan as referenced in the Obligor section of
this Plan; (3) “Administrator” refers to the entity that is responsible for the administration of the Plan as referenced in
the Administrator section of this Plan; (4) “furniture item(s)” refers to indoor or outdoor furniture constructed of
upholstered fabric, leather/vinyl or wood/hard surfaces; adjustable bases; and area rugs that you purchased concurrently
with this Plan and are shown as covered furniture item(s) on the Welcome Letter or receipt; (5) “retailer” indicates the
dealer, store or outlet where you purchased the furniture item(s) and this Plan.
OBLIGOR:
The Obligor of this Plan is as follows: (1) CNA Warranty Services, Inc. in all states except Florida and Washington; (2) In
Florida, CNA Warranty Services of Florida, Inc.; and (3) In Washington, Continental Service Plan, Inc.
ADMINISTRATOR:
The Administrator of this Plan is Guardian Protection Products, Inc., (“Guardian”) P.O. Box 300, Hickory, NC 28603-
0300, 1-800-527-8485.
TERM:
Coverage under the Plan for each furniture item begins with the later of the Plan Effective Date, the purchase date of the
furniture item, or the date the furniture item was delivered to you, and lasts for the Term stated on the Welcome Letter or
receipt. This Plan is not renewable.
RTOTRANSACTIONS
Where a furniture item was initially acquired under RTO Transaction, any cash settlement or refund will be paid to the
owner of the furniture item at the time the settlement is made. This will be the lessor (“Lessor”) if you have not yet
acquired ownership of the property. In all other respects, the lessee (“Lessee”) will retain a beneficial interest in this
Plan and all non-cash benefits described herein shall be rendered to the Lessee. Any owner obligations related to
maintenance of the furniture item shall be the responsibility of the Lessee during the term of any RTO Transaction
except as provided by law. Any reference to purchased, sold, or similar terms shall include rented and leased and their
derivatives. Any reference to purchaser shall mean the Lessee under the RTO Transaction and not the Lessor.
COVERAGE:
• This Plan is limited to the 50 states of the United States, including the District of Columbia, and is only valid for new
furniture item(s) purchased concurrently with this Plan and shown on the Welcome Letter or receipt. The Plan covers
materials and labor costs to service your furniture item(s) in the event a furniture item becomes accidentally
damaged during normal residential use due to stains or other covered damage or defects as more specifically
described in the Product Specific Coverage section of this Plan.
• All coverages are for covered occurrences from a single incident.
• The furniture item(s) must be picked up, delivered, and installed stain, damage and soil-free from the authorized retailer.
• The warranty will be registered electronically by your retailer within 30 days of the furniture item’s purchase date or
delivery date if your furniture item was delivered.
• Furniture item(s) and materials replaced under the terms and conditions of this Plan become the sole property of the
Obligor except where prohibited by law.
• The Plan is non-transferrable to another owner; however, in the case of an RTO Transaction, this Plan will
automatically be transferred from the Lessor to the Lessee upon Lessee’s fulfillment of all terms of the RTO
Transaction, and such Lessee shall become the outright owner of this Plan. If the furniture item and the Plan
purchase are being given as gift, contact Guardian Customer Service at 1-800-527-8485 30 days from the date of
purchase with the name and address of the recipient.
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• You are not required to purchase this Plan as a condition of a loan or sale of any property.
NOTE: You must keep the receipt for this Plan; it is an integral part of this Plan and you will be required to reference it to
obtain service. This Plan, including the terms, conditions, limitations, exceptions and exclusions, the receipt containing the
length and type of Plan, commencement date and product identification constitute the entire agreement.
PRODUCT SPECIFIC COVERAGE:
The following are covered, subject to the Exclusions To Coverage and other Plan conditions:
1. FABRIC, LEATHER AND VINYL FURNITURE:
a. Stains caused by any food or beverage normally consumed by humans.
b. Mold and mildew stains caused by food or beverage spills.
c. Stains caused by human or pet bodily fluids.
d. Stains caused by grass, grease, ballpoint pen ink, iodine, nail polish, cosmetics, lipstick, crayon, and shoe polish.
e. Rips, cuts, punctures or burns from a specific incident.
f. Breakage of frames, springs, and sleeper, reclining, inclining, heating, and vibrating mechanisms will be covered if
they were originally covered by a manufacturer’s warranty and such warranty has expired.
2. WOOD AND HARD SURFACE FURNITURE:
a. Stains caused by any food or beverage normally consumed by humans.
b. Mold and mildew stains caused by food or beverage spills.
c. Breakage of wood or other hard surface from a specific incident.
d. Gouge, heat mark or liquid ring from a specific incident.
e. Breakage of glass or mirror components, any chip or scratch of glass or mirrors and loss of silvering on mirrors
(with the exception of crowned or curved glass).
f. Checking, cracking, bubbling, or peeling of finish from a specific incident.
g. Stains from nail polish
LIABILITY:
For any single claim, the limit of liability under this Plan is the lesser of the cost of (1) authorized service/repairs, (2)
replacement of affected furniture item with a new replacement piece of equal value, excluding taxes and delivery/shipping
fees and (3) the price that you paid for the furniture item.
The total liability under this Plan is the purchase price you paid for the furniture item, but not to exceed the Maximum Limit
of Liability shown on the Welcome Letter or receipt. In the event that the aggregate of all authorized service/repairs
exceeds the purchase price paid for the furniture item or we replace the furniture item with a new piece of equal value, we
shall have satisfied all obligations owed under this Plan.
If the retailer from whom this Plan was purchased is no longer in business, in the case of a covered claim, the Plan
becomes service only. If the furniture item(s) cannot be serviced, the liability will be limited to a refund of the purchase
price of this Plan, less paid claims. Once a refund has been issued for any furniture item, all terms and conditions of the
Plan will be fulfilled and all future claims will be void.
SERVICE REQUEST PROCESS:
1. Please report all covered claims to Guardian at 1-800-527-8485 within 5 or 30 days of the accidental staining or
damage occurrence (see your Welcome Letter for reporting timeframe requirement) and Guardian Customer
Service Representatives will be ready to guide you through the service process. Spanish assistance is available for
your convenience. Ensure that you have your original itemized receipt and Plan documents in hand to reference the
contract and Plan number, which will be required to qualify for service. Be prepared to describe the nature of any
incident, including but not limited to, the location, size, and, if possible, how the incident occurred. Failure to provide
necessary information including receipt, photographs or other documentation within 30 days of request may result in a
denial of coverage.
2. Your service request must be authorized by Guardian prior to any covered service repair or replacement effort being
initiated. Any unauthorized service repair or replacement will void coverage for the affected furniture items(s) under the
Plan.
3. We may provide repair advice and/or products to aid in resolving your damage. Otherwise, you may receive a no
charge in-home visit by a professional technician who will service your furniture item and attempt to repair the damage.
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If we determine, in our sole discretion, that your furniture item cannot be serviced, we may replace the affected area(s).
If the affected area(s) cannot be replaced, subject to the limit of liability, you can select a new replacement piece equal
in value to the original purchase price from the retailer from whom this Plan was purchased. Professional service or
replacement is limited to the affected area(s) only. At our sole discretion, replacement may be effectuated in the form of
issuance of a certificate for an in-store credit at the retailer where the Plan was purchased.
4. Replacement is limited to the retailer where the Plan was purchased. If you move outside of the delivery area of the
retailer, you must pay all applicable shipping/delivery costs associated with the Plan service request.
5. We may offer a cash settlement in lieu of cleaning, repair or replacement should you decide to keep the original
furniture item in its present condition. If a cash settlement offer is accepted by the Lessee in an RTO Transaction, the
cash settlement will be paid to the Lessor/owner of the product at the time the settlement is made, as stated in the RTO
Transactions section above.
6. We will not replace or otherwise service matching pieces of furniture items that are not damaged and we are not
responsible for, and will take no action to correct, dye lot or texture variations arising from service or replacement of a
part of a furniture item or replacement of an entire furniture item. This Plan does not transfer to replacement furniture.
You shall reasonably cooperate with us and Guardian in our efforts to perform our obligations under this Plan, which may
include providing required documentation, including but not limited to sales receipts, and photographs. Failure to comply
with the provisions in this Plan may result in your service request being deemed ineligible for service. We have the right to
deny service should you refuse our attempts to repair or service. You also must provide a safe, non-threatening
environment for our technicians to perform service. If you are not present for a scheduled technician visit, we may close
your service request.
NOTE: Materials and services covered during the manufacturer’s warranty period are the responsibility of the
manufacturer. This Plan is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty,
but provides certain additional benefits during the term of the manufacturer’s warranty.
DEDUCTIBLE: No deductible is required.
EXCLUSIONS TO COVERAGE:
1. Anything not listed in the “Product Specific
Coverage” of this Plan.
2. Damage to furniture items that is covered or
should be covered by the manufacturer’s
warranty, repairer’s warranty or any other
warranty in effect; any and all pre-existing
conditions that occur prior to the effective
date of this Plan; defects that are subject to
manufacturer’s recall; any breach of an
implied or expressed warranty of
merchantability or fitness; any furniture item
sold without a store or manufacturer warranty.
3. Damage that occurs to furniture items while
located outside the 50 states of the United
States, including the District of Columbia.
4. Damage caused during, or as result of
delivery, handling, set-up or assembly of
furniture items; furniture items in transit or
storage; furniture items located outdoors or
on patios or screened rooms where they may
be directly or indirectly exposed to outside
elements; damage by outside contractors;
water damage by leaking appliances, water
heaters, skylights, pipes and all losses
covered by homeowners or renters insurance.
5. Damage caused by pets or other animals,
including but not limited to damage caused by
beaks, claws, or jaws; repeated pet bodily
fluid stains which are considered preventable
occurrences.
6. General soiling, which is defined as a
gradual buildup of dirt, dust, body oils,
perspiration, or any other accumulated
stains that cannot be attributed to a single
incident.
7. Indentations from writing on wood surface or
any type of surface abrasion; finish scorching
(unless a specifically covered heat mark)
and wood burns or heat damage; loss of
silvering of glass or mirror components
(unless specifically covered); scratches, rips,
cuts, gouges, and scuff marks of any type that
do not clearly penetrate through upholstery or
the clear-coat finish on wood, exposing the
bare wood.
8. Leather or vinyl cracking or peeling, including
damage caused by perspiration, body and hair
oils; stress tears or rips, scratches, and
leather scars or finish defects. Repair and
replacement are specifically excluded on split
hides used in seating areas.
9. Odors.
10. Unknown stains; color loss, fading, and
discoloration; all normal wear and tear,
including damage that cannot be attributed to
a single relatable incident.
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11. Loss of foam resiliency; pilling, fraying or
loosening of threads on upholstery; seam
slippage or separation;.
12. Spring or coil damage (unless specifically
covered)
13. Fabric or leather dye lot variations, wood
finish variations or manufacturer’s
discontinuation.
14. Unless specifically covered, plastic or metal
parts, such as hinges and drawer slides,
failure of assembled joints, all other
nonfunctional or aesthetic parts, including but
not limited, to knobs, buttons, and rollers, and
baskets or accessories used in conjunction
with the covered furniture item, such as
pillows, lamps, and remotes.
15. Ballpoint pen ink, crayon or lipstick marks of
more than 6 inches in length are considered
preventable and will not be covered.
16. Damage caused by any unauthorized cleaning
products or methods; damage caused by
unauthorized repair methods; defects or
damage caused by topical treatments; failure
to follow manufacturer recommended routine
maintenance and inspection.
17. Unless specifically covered, stains or liquid
rings, caused by substances such as
medication (including vitamins), perspiration,
body and hair oils, dyes, paints, acids,
corrosives, caust ic s o lut ions,
chemicals, bleaches, glue, candle wax,
adhesives, gum, crayon, ink (except
ballpoint pen ink), marker, dirt or other soil,
pollen, tree sap, mold or mildew stains due to
atmospheric causes, rust, nail polish, nail
polish remover, cosmetics, hair treatments
including hair gel, hair spray, mousse, or other
like substances.
18. Unless specifically covered the Plan does not
apply to any other surfaces, including
parachute cloth, “X” coded fabrics, 100%
silk, non-colorfast material, draperies, area
rugs, carpets, box springs, mattresses,
nubuck, suede or other sensitive leathers,
paper, fossil stone, marble, plastic, bare wood,
wooden bed slats, oil finished furniture,
crowned or curved glass, and electronic
components; stains or damage to box springs,
carpet or flooring due to any substance that
may run off of the mattress or furniture item.
19. Any upgrades to the furniture item that alter
the appearance and function from the
manufacturer’s original state.
20. “As is”, “final sale”, “pre-owned” and rental
products (other than an RTO Transaction);
commercial use (multi-user organizations),
public rental, use for profit or communal use
for multi-family housing.
21. Repairs necessitated by intentional physical
damage, acts of nature, fire, burglary, theft,
vandalism, collision, spilled liquids (unless
resulting in a covered stain or liquid ring),
corrosion, insect infestation, misuse, neglect,
mishandling and abuse.
22. Unauthorized modifications made to the
furniture item; altered serial numbers; failure
to follow manufacturer’s installation,
operation or maintenance instructions;
repairs performed by non-authorized repairer;
any items not affecting the furniture item’s
function.
23. Damages due to external faults, such as
wiring, electrical connection or plumbing.
24. Products on loan during repair process.
25. Failure caused by voltage converter and/or
applying incorrect voltage to the furniture
item.
26. Diagnosis where no defect has been found or
noted.
27. Damage caused by war, invasion or act of
foreign enemy, hostilities, civil war, rebellion,
riot, strike, labor disturbance, lockout or civil
commotion.
28. Loss or injury to a person or loss or damage
to property or any incidental, contingent,
special or any direct or indirect loss and
consequential damages including, but not
limited to, losses incurred to any delay in
rendering service under this Plan and loss of
use during the period that your furniture item
is at an authorized servicer or while awaiting
materials/parts.
GENERALPROVISIONS:
Cancellation:
This Plan shall be cancelled by us for fraud or material
misrepresentation, including but not limited to commercial
or rental use (other than an RTO Transaction).
Unauthorized repair or replacement of a furniture item
shall result in the cancellation of this Plan by us. In the
event of cancellation by us, written notice of
cancellation stating the effective date and reasons for the
cancellation shall be mailed to you not less than sixty (60)
days before cancellation is effective. This Plan can be
cancelled by you at any time for any reason by mailing
or delivering to us notice of cancellation at Guardian
Protection Products, PO Box 300, Hickory, NC 28603-
0300. If the Plan is cancelled: (a) within thirty (30) days
of the receipt of this Plan, you shall receive a full refund
of the price paid for the Plan, less the cost of any service
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or replacement received or pending, or (b) after thirty
(30) days, you will receive a pro rata refund, less the cost
of any service received. If you financed the purchase of this
Plan, at our discretion any refund due will be paid directly to
the lender of record. With respect to cancellation of this
Plan by a Lessee in an RTO Transaction, such refund
shall be payable to the Lessor, unless you have taken
ownership of the furniture item. We will add a ten (10)
percent penalty per month to a refund that is not paid or
credited within forty-five (45) days after you cancel the
Plan. At our discretion, the retailer may refund the portion
of the Plan price due you on our behalf.
Arbitration:
If we cannot resolve any disputes with you related to the
Plan, including claims, you and we agree to resolve those
disputes through binding arbitration or small claims court
instead of through courts of general jurisdiction. Further,
you and we agree to waive our rights to a trial by jury and
not to participate in any class arbitrations or class actions.
This Plan is evidence of a transaction in interstate
commerce and the Federal Arbitration Act applies to and
governs the enforcement of any arbitration hereunder.
The provisions of this Arbitration section shall survive the
termination of this Plan. YOU AND WE UNDERSTAND
AND AGREE THAT, BECAUSE OF THIS PROVISION,
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO
GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO
HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY
MEMBER OF A CLASS OF CLAIMANTS PERTAINING
TO ANY CLAIM. The arbitration shall take place before a
panel of three arbitrators which shall be selected in
accordance with American Arbitration Association Rule R-
13. Each of the arbitrators must have at least ten years of
full-time work experience or equivalent part-time
experience in the commercial insurance industry in a
corporate risk management department, with a
commercial liability insurer, with a commercial insurance
broker, as a lawyer representing insurers or insureds with
respect to commercial insurance matters or as a state or
federal court judge who has handled multiple cases
involving commercial insurance disputes. Any award
made may be enforced in any court having jurisdiction. All
arbitration shall take place in Chicago, Illinois unless
otherwise agreed upon.
Insurance Securing this Plan: This is not an insurance
policy. This Plan is secured by contractual liability policies
provided by: (1) Continental Casualty Company in all
states except Washington and (2) The Continental
Insurance Company in Washington. Both can be
contacted at 333 S Wabash Ave, Chicago, IL 60604, 1-
800-831-4262. If, within sixty (60) days, we have not paid
a covered claim, provided you with a refund or you are
otherwise dissatisfied, you may make a claim directly to
the insurance companies. Please enclose a copy of your
Plan when sending correspondence to the insurance
companies.
You may contact the Obligor at 333 S Wabash Ave,
Chicago, IL 60604, 1-866-298-3372.
STATE SPECIFIC REQUIREMENTS:
The following state specific requirements are added
to and become part of this Plan and supersede any
other provision to the contrary:
Alabama Residents: You may cancel this Plan within
thirty (30) days of the receipt of this Plan. If no claim has
been made under the Plan, the Plan is void and we shall
refund to you the full purchase price of the Plan. Any
refund due to you will be credited to any outstanding
balance of your account, and the excess, if any, shall be
refunded to you. A ten (10) percent penalty per month shall
be added to a refund that is not paid or credited within
forty-five (45) days after you cancel the Plan. If you cancel
this Plan after thirty (30) days of receipt of this Plan, we
shall refund to you the unearned portion of the full
purchase price of the Plan. Any refund due to you will be
credited to any outstanding balance of your account, and
the excess, if any shall be refunded to you.
All arbitration under the Arbitration section of the Plan will
take place in Alabama in the county in which you reside.
Arizona Residents: If your written notice of cancellation is
received prior to the Plan expiration date, the Administrator
shall refund the remaining pro-rata price, regardless of
prior services rendered under the Plan. The pre-existing
condition exclusion does not apply to conditions occurring
prior to the sale of the consumer furniture item by the
Obligor, its assignees, subcontractors and/or
representatives.
California Residents: For all furniture items, the
Cancellation section of the Plan is modified as follows: If
the Plan is cancelled: (a) within sixty (60) days of the
receipt of this Plan, you shall receive a full refund of the
price paid for the Plan provided no service has been
performed, or (b) after sixty (60) days, you will receive a
pro rata refund, less the cost of any service received. A ten
(10) percent penalty per month shall be added to any
refund that is not paid or credited within thirty (30) days
after you cancel the Plan.
Connecticut Residents: The expiration date of this Plan
shall automatically be extended by the duration that the
furniture item is in our custody while being repaired. In the
event of a dispute with the Administrator, you may contact
The State of Connecticut, Insurance Department, PO Box
816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The
written complaint must contain a description of the dispute,
the purchase price of the furniture item, the cost of repair of
the furniture item and a copy of the Plan.
The Obligor of the Plan is CNA Warranty Services, Inc.
You may contact the Obligor at 333 S Wabash Ave,
Chicago, IL 60604, 1-866-298-3372.
You have the right to cancel the Plan if you return the
furniture item or the furniture item is sold, lost, stolen or
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destroyed.
If, within sixty (60) days, we have not paid a covered claim,
provided you with a refund or you are otherwise
dissatisfied, you may make a claim directly to the insurance
company, Continental Casualty Company, in writing at 333
S Wabash Ave, Chicago, IL 60604. Please enclose a copy
of your Plan when sending correspondence to the
insurance company. The written complaint must contain a
description of the dispute, the purchase price of the
furniture item, the cost of repair of the furniture item, and a
copy of the Plan.
Florida Residents: In the event of cancellation by us,
written notice of cancellation shall be mailed to you not less
than sixty (60) days before cancellation is effective. This
Plan can be cancelled by you at any time for any reason by
emailing, mailing or delivering to us notice of cancellation.
If the Plan is cancelled: (a) within thirty (30) days of the
receipt of the Plan, you shall receive a full refund of the
price paid for the Plan provided no service has been
performed, or (b) after thirty (30) days, you will receive a
refund based on 100% of the unearned pro rata purchase
price less any claims that have been paid or less the cost
of repairs made by us. If we cancel the Plan, the return
purchase price is based upon 100% of the unearned pro
rata purchase price. If we determine in our sole discretion
that your furniture item cannot be repaired or your furniture
item requires replacement instead of repair, we will replace
your furniture item with an item of like kind and quality that
is of comparable performance, or, reimburse you for
replacement of the furniture item with a check, at our
discretion, equal to the original purchase price of the
furniture item, as determined by us, not to exceed the
original purchase price of the furniture item, including all
applicable taxes. The rate charged for this Plan is not
subject to regulation by the Florida Office of Insurance
Regulation.
Georgia Residents: This Plan shall be non-cancelable by
us except for fraud, material misrepresentation, or failure to
pay consideration due therefore. The cancellation shall be
in writing and shall conform to the requirements of Code
33-24-44. You may cancel at any time upon demand and
surrender of the Plan and we shall refund the excess of the
consideration paid for the Plan above the customary short
rate for the expired term of the Plan. This Plan excludes
coverage for incidental and consequential damages and
pre-existing conditions only to the extent such damages or
conditions are known to you or reasonably should have
been known to you.
As stated in the Arbitration section of this Plan, either party
may bring an individual action in small claims court. The
Arbitration section does not preclude you from bringing
issues to the attention of federal, state, or local agencies or
entities of your dispute. Such agencies or entities may be
able to seek relief on your behalf. You and we agree to
waive the right to a trial by jury and to participate in class
arbitrations and class actions. Nothing contained in the
Arbitration section shall affect your right to file a direct
claim under the terms of this Plan against Continental
Casualty Company pursuant to O.C.G.A. 33-7-6.
Illinois Residents: You may cancel this Plan for any
reason at any time. If you cancel within thirty (30) days of
the Plan purchase, and we have not paid a claim, you will
receive a full refund, less a cancellation fee of $50.00 or
10% of the Plan price which we may charge. If you cancel
after thirty (30) days or any time after we pay a claim, you
will receive a pro-rata refund of the Plan price based on the
days remaining, less any claims that have been paid, less
a cancellation fee of $50.00 or 10% of the Plan price which
we may charge.
Maine Residents: You may cancel this Plan within twenty
(20) days of the receipt of this Plan if sent by mail or within
ten (10) days if delivered at the point of sale. If no claim
has been made under the Plan, the Plan is void and we
shall refund to you the full purchase price of the Plan. Any
refund due to you will be credited to any outstanding
balance of your account, and the excess, if any, shall be
refunded to you. A ten (10) percent penalty per month shall
be added to a refund that is not paid or credited within
forty-five (45) days after you cancel the Plan. If you cancel
this Plan after twenty (20) days of receipt of this Plan if sent
by mail or after ten (10) days if delivered at the point of
sale, we shall refund to you the unearned pro rata
purchase price, less any claims paid. An administrative fee
not to exceed ten (10) percent of the purchase price paid
by you may be charged by us. Any refund due to you will
be credited to any outstanding balance of your account,
and the excess, if any shall be refunded to you. In the
event of cancellation by us, written notice to you will be
provided at least 15 days prior to the cancellation and will
contain the effective date of the cancellation and the
reason for cancellation. If a Plan is cancelled by us, you will
be refunded 100% of the unearned pro rata purchase price
paid by you, less any claims paid. An administrative fee not
to exceed 10% of the purchase price paid by you may be
charged by us. You are not required to purchase this Plan
as a condition of a loan or a condition for the sale of any
property.
Maryland Residents: The expiration date of the Plan is
automatically extended until we have performed services
under the Plan. We shall provider service under the Plan
within a reasonable period of time and we will provide on
your request a brief written explanation of the reasons for
any delay.
Michigan Residents: If the performance for this Plan is
interrupted because of a strike or work stoppage at the our
place of business, the expiration period of the Plan shall be
extended for the period of the strike or work stoppage.
Minnesota Residents: If you are the original purchaser of
this Plan you may cancel this Plan within twenty (20) days
of the receipt of this Plan if sent by mail or within ten (10)
days if delivered at the point of sale. If no claim has been
made under the Plan, the Plan is void and we shall refund
to you or credit your account or the account of other payer
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of record the full purchase price of the Plan. Any refund
due to you will be credited to any outstanding balance of
your account, and the excess, if any, shall be refunded to
you. A ten (10) percent penalty per month shall be added
to a refund that is not paid or credited within forty-five (45)
days after you cancel the Plan. We shall mail a written
notice to you at your last known address contained in our
records at least fifteen (15) days before cancellation by us.
Five days’ notice is required if the reason for cancellation is
nonpayment of the provider fee, a material
misrepresentation by you to us, or a substantial breach of
duties by you relating to the covered product or its use. The
notice must state the effective date of the cancellation and
the reason for the cancellation. A person, such as a bank,
savings association, lending institution, manufacturer, or
seller of any product shall not require the purchase of a
service contract as a condition of a loan or a condition for
the sale of any property. Insurers issuing reimbursement
insurance to providers are deemed to have received the
premiums for the insurance upon the payment of provider
fees by consumers for service contracts issued by the
insured providers.
Nevada Residents: If the contract is canceled, no claims
paid will be deducted from the refund to you. Fees may be
deducted when you cancel the contract. If you are the
original purchaser of this Plan you may cancel this Plan
within twenty (20) days of the receipt of this Plan if sent by
mail or within ten (10) days if delivered at the point of sale.
If no claim has been made under the Plan, the Plan is void
and we shall refund to you or credit your account or the
account of other payer of record the full purchase price of
the Plan. Any refund due to you will be credited to any
outstanding balance of your account, and the excess, if
any, shall be refunded to you. A ten (10) percent penalty
per each thirty (30) day period shall be added to a refund
that is not paid or credited within forty-five (45) days after
you cancel the Plan. If we cancel this Plan, no cancellation
fee will be imposed. A Plan that has been in effect for at
least seventy (70) days may not be cancelled by us before
the expiration of the agreed term or 1 year after the
effective date of the service contract, whichever occurs
first, except on any of the following grounds: (a) Failure by
the holder to pay an amount when due; (b) Conviction of
the holder of a crime which results in an increase in the
service required under the service contract; (c) Discovery
of fraud or material misrepresentation by the holder in
obtaining the service contract, or in presenting a claim for
service thereunder; (d) Discovery of: (1) An act or omission
by the holder; or (2) A violation by the holder of any
condition of the service contract, which occurred after the
effective date of the service contract and which
substantially and materially increases the service required
under the service contract; or (e) A material change in the
nature or extent of the required service or repair which
occurs after the effective date of the service contract and
which causes the required service or repair to be
substantially and materially increased beyond that
contemplated at the time that the service contract was
issued or sold. No cancellation of a service contract may
become effective until at least fifteen (15) days after the
notice of cancellation is mailed to the holder. Arbitration
doesn't apply to Nevada Residents. There is no deductible
that you are required to pay under this contract. Any
exclusion for damages covered by insurance or another
service contract in this contract is deleted. Coverage under
this Plan is excess over coverage from any insurance or
service contract available to you.
New Hampshire Residents: Contact us at 1-866-298-
3372 with, questions, concerns, or complaints about the
Plan. In the event you do not receive satisfaction under this
Plan, you may contact the State of New Hampshire
Insurance Department, 21 South Fruit Street, Suite 14,
Concord, New Hampshire 03301, telephone number: 1-
603-271-2261. Any civil action or alternative dispute
resolution procedure brought by you in connection to the
Plan can be brought in New Hampshire.
New Mexico Residents: If you are the original purchaser
of this Plan you may cancel this Plan within twenty (20)
days of the receipt of this Plan if sent by mail or within ten
(10) days if delivered at the point of sale. If no claim has
been made under the Plan, the Plan is void and we shall
refund to you or credit your account or the account of other
payer of record the full purchase price of the Plan. Any
refund due to you will be credited to any outstanding
balance of your account, and the excess, if any, shall be
refunded to you. A ten (10) percent penalty per each thirty
(30) day period based on purchase price shall be added to
a refund that is not paid or credited within sixty (60) days
after you cancel the Plan. If this Plan has been in force for
a period of seventy (70) days or more, we may not cancel it
before the expiration of the Plan term or one (1) year,
whichever occurs first, unless: (1) you fail to pay any
amount due; (2) you are convicted of a crime which results
in an increase in the service required under the Plan; (3)
You engaged in fraud or material misrepresentation in
obtaining this Plan; (4) you commit any act, omission, or
violation of any terms of this Plan after the effective date of
this Plan which substantially and materially increase the
service required under this Plan; or (5) any material change
in the nature or extent of the required service or repair
occurs after the effective date of this Plan and causes the
required service or repair to be substantially and materially
increased beyond that contemplated at the time you
purchased this Plan. No cancellation will be effective until
at least fifteen days after notice of cancellation is mailed to
you.
Final contract price to be determined prior to presentation
to consumer for signature. See NMSA 1978 Section 59A-
58-10.
This service contract is insured by Continental Casualty
Company. If the service contract provider fails to pay you
or otherwise provide you with the covered service within 60
days of your submission of a valid claim, you may submit
your claim to Continental Casualty Company at 333 S
Wabash Ave, Chicago, IL 60604, 1-800-831-4262. If you
have any concerns regarding the handling of your claim,
you may contact the Office of Superintendent of Insurance
SAMPLE
at 855-427-5674.
New York Residents: You have the right to return the Plan
within at least twenty (20) days of the date of mailing of the
Plan to you or within at least ten (10) days if the Plan is
delivered at the time of the purchase or within a longer time
period permitted under the Plan. If no claim has been made
under the Plan, the Plan shall be void and we shall refund
to you the full purchase price of the Plan, plus a ten
percent (10%) penalty per month shall be added to any
refund that is not made to you within thirty (30) days of
return of the Plan to us for cancellation. In the event of
cancellation by us, written notice to you will be provided at
least fifteen (15) days prior to the cancellation and will
contain the effective date of the cancellation and the
reason for cancellation, unless the reason for cancellation
is nonpayment of the provider fee, material
misrepresentation or a substantial breach of duties by you
relating to the furniture item or its use.
Oklahoma Residents: Coverage afforded under this
contract is not guaranteed by the Oklahoma Insurance
Guaranty Association. In the event the Plan is canceled by
you, we will return the portion of fees paid based upon
ninety percent (90%) of the unearned pro rata fee less the
actual cost of any service provided. In the event the
contract is canceled by us, we will return the portion of fees
paid based upon one hundred percent (100%) of unearned
pro rata fee less the actual cost of any service provided.
The Service Warranty Association license number for CWS
Warranty Services, Inc.: 864373
Oregon Residents: The Arbitration provision of this Plan is
amended to add the following: Any award rendered in
accordance with this Plan's Arbitration provision shall be a
nonbinding award against you, provided that you reject
the arbitration decision in writing to us within forty-five (45)
days of the arbitrator's award. Under no circumstances
shall a legal proceeding be filed in a federal, state or local
court until such time as both you and we first obtain an
arbitration award pursuant to this Arbitration provision. Any
arbitration occurring under this Plan shall take place in
Oregon and be administered in accordance with the
Arbitration Rules unless any procedural requirement of the
Arbitration Rules is inconsistent with the Oregon Uniform
Arbitration Act in which case the Oregon Uniform
Arbitration Act shall control as to such procedural
requirement.
South Carolina Residents: To prevent any further
damage, please refer to the owner's manual. In the event
we do not provide covered service within sixty (60) days of
filing a claim by you, you are entitled to apply directly to the
Insurance Company. If the Insurance Company does not
resolve such matters within sixty (60) days of your claim,
you may contact the SC Department of Insurance, P.O.
Box 100105, Columbia, SC 29202-3105, (800) 768-3467.
Tennessee Residents: When there is a failure of the
product under the Plan, the Plan shall be extended as
follows: (1) the number of days the consumer is deprived of
the use of the product by reason of the product being in
repair; plus (2) two (2) additional working days.
Texas Residents: If you purchased this Plan in Texas,
unresolved complaints concerning a provider or questions
concerning the registration of a service Plan provider may
be addressed to the Texas Department of Licensing and
Regulation, P.O. Box 12157, Austin, Texas 78711,
telephone number (512) 463-2906 or (800) 803-9202. You
may apply for reimbursement directly to the Insurance
Company if a covered service is not provided to you by us
before the sixty-first (61st) day after the date of your claim,
or, a refund or credit is not paid before the forty-sixth (46th)
day after the date on which the Plan is returned to the
provider. A ten percent (10%) penalty per month shall be
added to any refund that is not made to you within forty-five
(45) days of return of the Plan to us for cancellation.
You may cancel the Plan at any time. If you cancel the
Plan before the 31st day after the date of purchase, we: (1)
shall refund to you or credit to your account the full
purchase price of the Plan, decreased by the amount of
any claims paid under the Plan; and (2) may not impose a
cancellation fee. If you cancel the Plan on or after the 31st
day after the date of purchase, we: (1) shall refund to you
or credit to your account the prorated purchase price of the
Plan reflecting the remaining term of the Plan, based on
mileage, time, or another reasonably applicable measure of
the remaining term that must be disclosed in the Plan,
decreased by the amount of any claims paid under the
Plan; and (2) may impose a reasonable cancellation fee
not to exceed $50. If we do not pay the refund or credit
your account before the 46th day after the date notice of
cancellation is received by us, we will pay you a penalty for
each month an amount remains outstanding equal to 10
percent of the amount outstanding. The penalty is in
addition to the full or prorated purchase price of the Plan
that is owed to you. The right to cancel a service contract is
not transferable to a subsequent holder of the Plan.
We may cancel the Plan by mailing a written notice of
cancellation to you at your last known address according to
our records. We must mail the notice before the fifth day
preceding the effective date of the cancellation. The notice
must state the effective date of the cancellation and the
reason for the cancellation. We are not required to provide
prior notice of cancellation if the Plan is canceled because
of: (1) nonpayment of the consideration for the Plan; (2)
fraud or a material misrepresentation by you to us or our
administrator; or (3) a substantial breach of a duty by you
relating to the furniture item or its use. You are entitled to a
prorated refund of the purchase price of the Plan reflecting
the remaining term of the Plan, based on mileage, time, or
another reasonably applicable measure of the remaining
term that must be disclosed in the Plan, decreased by the
amount of any claims paid under the contract. We may not
impose a cancellation fee.
Texas License Number of the Administrator: 217
SAMPLE
Utah Residents: NOTICE. This Plan is subject to limited
regulation by the Utah Insurance Department. To file a
complaint, contact the Utah Insurance Department.
Coverage afforded under this Plan is not guaranteed by the
Utah Property and Casualty Guarantee Association. The
following replaces the conditions pertaining to cancellation
of the Plan by us in the Cancellation section: This Plan may
be cancelled by us only due to nonpayment of premium or,
if the Plan has not been previously renewed or has not
been in effect less than sixty (60) days when the written
notice of cancellation is mailed or delivered, we may cancel
the Plan due to: a) material misrepresentation; b)
substantial change in the risk assumed, unless we should
reasonably have foreseen the change or contemplated the
risk when entering into the Plan; or c) substantial breaches
of contractual duties, conditions, or warranties. If we cancel
this Plan due to nonpayment, cancellation will be no sooner
than ten (10) days after the delivery or first class mailing of
written notice. Otherwise, cancellation will be no sooner
than thirty (30) days after the delivery or first class mailing
of written notice. Cancellation notice will include the
reasons for the cancellation.
Paragraph 2 of the SERVICE REQUEST PROCESS
section is deleted in its entirety and replaced by the
following: Failure to report and provide the necessary
information on a covered claim to us within the prescribed
time will not invalidate the claim if you can show that
notification was not reasonably possible. If an emergency
repair is initiated by you, without our knowledge, outside
normal business hours, you must notify us as soon as
reasonably possible and you will be responsible for
providing any documentation reasonably required by us to
fulfill our obligations to you under this Plan; provided
however in no event will we be liable for any emergency
repairs in an amount in excess of the Limit of Liability under
the terms of this Plan. All service requests must be
authorized by Guardian prior to any covered service repair
or replacement effort being initiated. Other than an
emergency repair, any repairs not authorized by us will
void coverage for the related claim.
The third paragraph (“If the retailer from whom this Plan
was purchased…”) of the LIABILITY section is deleted in
its entirety.
All service repairs will be made using manufacturer’s parts.
If not reasonably available, non-manufacturer’s parts will
be used.
The “Insurance Securing this Plan” section is deleted
and replaced by the following: Insurance Securing this
Plan: This is not an insurance policy. This Plan is secured
by a contractual liability policy provided by Continental
Casualty Company, 333 S Wabash Ave, Chicago, IL
60604, 1-800-831-4262. Should we fail to pay or provide
service on any claim within sixty (60) days after proof of
loss has been filed, you are entitled to make a claim
directly against the Insurance Company.
The Arbitration section is replaced by the following: Any
matter in dispute between you and us may be subject to
arbitration as an alternative to court action pursuant to the
rules of the American Arbitration Association (or other
recognized arbitrator), a copy of which is available on
request from us. Any decision reached by arbitration shall
be binding upon both you and us. The arbitration award
may include attorney's fees if allowed by state law and may
be entered as a judgment in any court of proper
jurisdiction.
Vermont Residents: If you are the original purchaser of
this Plan, you have the right to return the Plan within at
least twenty (20) days of the receipt of the Plan. If no claim
has been made under the Plan, the Plan shall be void and
we shall refund to you the full purchase price of the Plan.
Any civil action or alternative dispute resolution procedure
brought by you in connection to the Plan can be brought in
Vermont.
Washington Residents: If you are the original purchaser
of the Plan, you have the right to return the Plan within at
least twenty (20) days of the date of mailing of the Plan to
you or within at least ten (10) days if the Plan is delivered
to you at the time of the sale or within a longer time period
permitted under the Plan. If no claim has been made under
the Plan, the Plan shall be void and we shall refund to you
the full purchase price of the Plan, plus a ten percent (10%)
penalty per month shall be added to any refund that is not
made to you within thirty (30) days of return of the Plan to
us for cancellation. If we fail to act on your claim, you may
contact Continental Casualty Company directly at 1-800-
831-4262. You are not required to wait sixty (60) days
before filing a claim directly with Continental Casualty
Company. If we cancel this Plan, we shall mail a written
notice to you at your last known address contained in our
records at least twenty-one days prior to cancellation us.
The notice shall state the effective date of the cancellation
and the true and actual reason for the cancellation. Any
civil action or alternative dispute resolution procedure
brought by you in connection to the Plan can be brought in
Washington at a location in closest proximity to your
permanent residence. A person, such as a bank, savings
and loan association, lending institution, manufacturer, or
seller shall not require the purchase of a service contract
as a condition of a loan or a condition for the sale of any
property.
Wisconsin Residents: THIS CONTRACT IS SUBJECT
TO LIMITED REGULATION BY THE OFFICE OF THE
COMMISSIONER OF INSURANCE. This Plan shall not be
cancelled due to unauthorized repair of the furniture item,
unless we are prejudiced by your failure to obtain such
authorization. We will not deny your claim solely because
you did not obtain pre-authorization if we are not prejudiced
by your failure to notify us.
In the event of a total loss of the furniture item covered by
this Plan that is not covered by a replacement of the
furniture item pursuant to the terms of this Plan, you shall
be entitled to cancel the Plan and receive a pro rata refund
of any unearned provider fee, less any claims paid.
SAMPLE
For any reason other than the above, you have the right to
return the Plan within at least twenty (20) days of the date
of mailing of the Plan to you or within at least ten (10) days
if the Plan is delivered to you at the time of the sale or
within a longer time period permitted under the Plan. If no
claim has been made under the Plan, the Plan shall be
void and we shall refund to you the full purchase price of
the Plan, plus a ten percent (10%) penalty per month shall
be added to any refund that is not made to you within fortyfive
(45) days of return of the Plan to us for cancellation.
Subsequent to the period specified above or if a claim has
been made under the Plan, you have the right to cancel the
Plan and receive a 100% refund of the unearned Plan
purchase price, less any claims paid. We may charge a
reasonable administrative fee for the cancellation, which
may not exceed 10% of the Plan purchase price.
This service contract may be cancelled by us only for
nonpayment of our fee, material misrepresentation by you
to us or the Administrator, or substantial breach of duties
by you relating to the covered product or its use. We shall
mail a written notice to you at your last-known address
contained in our records at least five (5) days prior to
cancellation by us. Such cancellation shall state the
effective date of the cancellation and the reason for the
cancellation. If we cancel for a reason other than
nonpayment of our fee, we shall refund to you 100% of the
unearned Plan purchase price, less any claims paid. We
may charge a reasonable administrative fee for the
cancellation, which may not exceed 10 percent of the Plan
purchase price.
Obligations of the provider under this service contract are
insured under a service contract reimbursement insurance
policy. If we do not provide, or reimburse or pay for, a
service that is covered under this service contract within 60
days after you provide proof of loss, or if we become
insolvent or otherwise financially impaired, you may file a
claim directly with the service contract reimbursement
insurer, Continental Casualty Company, for
reimbursement, payment , or provision of service. You can
do this by phoning or mailing Continental Casualty
Company at 333 S Wabash Ave, Chicago, IL 60604, 1-
800-831-4262.
The sentence “This Plan is evidence of a transaction in
interstate commerce and the Federal Arbitration Act
applies to and governs the enforcement of any arbitration
hereunder” in the Arbitration paragraph of this Plan is
deleted in its entirety.
Accidental Damage from Handling covers breakdowns
such as: drops, liquid spills and cracked screens. There is
no deductible that you are required to pay under this
contract.
Wyoming Residents: This Plan will be considered void
and we will refund you the full purchase price of the Plan or
credit your account if you have not made a claim under this
Plan and you have returned the Plan to us a) within 20
days after the date we have mailed the Plan to you, b)
within 10 days after you have received the Plan if the Plan
was furnished to you at the time the Plan was purchased,
or c) within a longer time period if specified in the Plan. A
ten percent (10%) penalty per month shall be added to a
refund that is not paid or credited within forty-five (45) days
after return of the Plan to us. This right to void the Plan
applies only to the original Plan purchaser and is not
transferable. The Arbitration provision in this Plan is
replaced with the following: "If there are disputes between
you and us that are not resolved by negotiations, you and
we may in a separate written agreement voluntarily
consent to arbitration. Any arbitration proceedings shall be
conducted within the state of Wyoming." For the purpose of
this Arbitration provision, references to "we" and "us"
include the Plan Obligor and Administrator, as defined
above, and their respective parents, subsidiaries, affiliates,
service contract insurers, agents, employees, successors
and assigns. A person, such as a bank, savings and loan
association, lending institution, manufacturer or seller of
any product, shall not require the purchase of a service
contract as a condition of a loan or a condition for the sale
of any property.
CWS-SC-CG-G1PP-1.0 (ed. 09-17)