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RESIDENTIAL EXTENDED SERVICE PLAN |
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Terms and Conditions*. This form describes the protection You will have in return for payment by You. 1. DEFINITIONS:
2A. REPAIR PLAN: (1) Term: For the Repair Plan, the term of this Agreement begins on the date of purchase and continues for the period indicated on the face of this Agreement. Coverage is effective upon the expiration of either the initial one (1) year manufacturer's warranty in the case of Pole Saws and Pole Hedge Trimmers only, or the initial two (2) year manufacturer's warranty in the case of all other equipment. In the event Your Covered Product is being serviced by an authorized service center when this Agreement expires, the term of this Agreement will be extended until covered repair has been completed. For the renewal service agreement, term and coverage begin upon expiration of Your current Agreement and continue for the period indicated on the face of the renewal service agreement. (2) Coverage: Through the Administrator, We will repair the Covered Product, at Our discretion, when required due to a mechanical or electrical breakdown, including those experienced during normal wear and tear. A mechanical or electrical breakdown caused by a direct result of a power surge is also covered. Parts will be replaced with those of like kind and quality, and may be new or remanufactured. If the Covered Product cannot be repaired, if the cost of the repair exceeds the original purchase price or if parts are no longer available due to the age of the Covered Product or are discontinued by the manufacturer, the Covered Product will be replaced with a product of similar or enhanced features. (3) Limit of Liability: The limit of liability under the Repair Plan is the least of the cost of (1) the purchase price of the Covered Product excluding tax and delivery costs or (2) authorized repairs not to exceed the purchase price of the Covered Product or (3) replacement of the Covered Product with similar features or (4) reimbursement for authorized repairs or replacement. Upon replacement, there is no longer any obligation for the replaced product under this Agreement. (4) No Lemon Policy: During the term of this Agreement, after three (3) service repairs have been completed on the same component of an individual Covered Product and that Covered Product component requires a fourth repair, as determined by Us, We will replace it with a product of comparable performance. Upon replacement, there is no longer any obligation for the replaced product under this Agreement. (5) Limited Warranty: With the exception of Pole Saws and Pole Hedge Trimmers, which are warranted by Husqvarna Forest and Garden Company, Inc. against defects in workmanship or materials under normal use for one (1) year, all products sold are warranted by Husqvarna Forest and Garden Company, Inc. for two (2) years against defects in workmanship or materials under normal use. Any part that is determined by Husqvarna Forest and Garden Company, Inc. or the Administrator to be defective in material or workmanship and returned to an authorized service location, during the period of this Limited Warranty, will be, as the exclusive remedy, repaired or replaced, at the Administrator's option. (6) What to do when Your Product fails to Operate: Contact the Administrator for the appropriate authorized service center.
All repairs must be authorized by the Administrator prior to performance of work. Claims must be submitted by servicer within thirty (30) days of repair. Many oversights, which are not covered under this Agreement, can be due to simple circumstances such as the Covered Product not being switched on, being unplugged, or a fuse blown at the junction box. For a Covered Product that uses batteries as the prime power supply, or a remote control unit, please check that the batteries do not need replacing or recharging. (7) Service Deliverables: There is no deductible required to obtain service for Your Covered Product. You will receive service on Your Covered Product using the same type of service provided during the manufacturer's warranty as described below:
3. WHAT IS NOT COVERED: A. PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER'S WARRANTY; B. ITEMS THAT ARE STILL COVERED BY ANY PORTION OF THE MANUFACTURER'S WARRANTY, REGARDLESS OF WHETHER THE MANUFACTURER HONORS SUCH WARRANTY; C. PRODUCT REPAIRS THAT SHOULD BE COVERED BY THE MANUFACTURER'S WARRANTY OR ARE A RESULT OF A RECALL, REGARDLESS OF THE MANUFACTURER'S ABILITY TO PAY FOR SUCH REPAIRS; D. PERIODIC CHECKUPS AND/OR PREVENTATIVE MAINTENANCE AS DIRECTED BY THE MANUFACTURER EXCEPT AS PROVIDED HEREIN; E. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT AND/OR ANY PRODUCT SOLD "AS-IS" INCLUDING BUT NOT LIMITED TO FLOOR MODELS, DEMONSTRATION MODELS, ETC; F. PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR UNLESS TIED TO A BREAKDOWN AND ITEMS NORMALLY DESIGNED TO BE PERIODICALLY REPLACED BY YOU DURING THE LIFE OF THE COVERED PRODUCT, INCLUDING BUT NOT LIMITED TO BATTERIES, LIGHT BULBS, ETC.; G. DAMAGE FROM ACCIDENT, ABUSE, MISUSE, MISHANDLING, INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR ALTERATIONS TO A COVERED PRODUCT, FAILURE TO FOLLOW THE MANUFACTURER'S INSTRUCTIONS, AND EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONS, FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER CONDITIONS, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF GOD OR CONSEQUENTIAL LOSS OF ANY NATURE; H. LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL COMMOTION; I. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT AN AUTHORIZED SERVICE CENTER OR OTHERWISE AWAITING PARTS; J. ANY PRODUCT USED IN A COMMERCIAL SETTING OR RENTAL BASIS; K. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE UNITED STATES OF AMERICA, AND THE DISTRICT OF COLUMBIA; L. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, KNOBS, ROLLERS, BASKETS, SCRATCHES, PEELING AND DENTS; M. UNAUTHORIZED REPAIRS AND/OR PARTS; N. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED PRODUCT, EXCEPT AS PROVIDED HEREIN; O. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; P. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE COVERED PRODUCT; Q. ANY MECHANICAL BREAKDOWN CAUSED BY A COMPUTER VIRUS; R. SERVICE WHERE NO PROBLEM CAN BE FOUND; S. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE TERM OF THIS AGREEMENT; T. ACCESSORIES AND SUPPLIES, INCLUDING BUT NOT LIMITED TO SPARK PLUGS, FILTERS, TRIMMER LINES, EXTERIOR PIPES OR PLUMBING; U. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY COVERED PRODUCT OR PART; V. MODIFICATIONS TO MEET CHANGES IN FEDERAL, STATE OR LOCAL CODES AND REGULATIONS. W. DAMAGE TO MOWING DECKS CAUSED BY SAND ABRASION OR VIBRATION RELATED TO AN UNBALANCED BLADE. 4. CONDITIONS: A. Renewal:
B. Transferability:
C. Territories:
D. Subrogation:
E. Arbitrationa">The agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include any Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands. D. Subrogation:
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