1. DEFINITIONS

“We”, “Us” and “Our” shall mean the obligor of this Protection Plan, Impact Computers and Electronics Inc. located at 4151 North 29Th Avenue Hollywood FL 33020. You may reach Us at 1.954.920.3100.

“You”, “Your” shall mean the individual or entity who purchased this Protection Plan or the individual or entity to whom this Protection Plan was properly transferred in accordance with these Terms and Conditions.

The following terms are used in the Order Summary

Protection Plan Price: The price You paid for this Protection Plan.

Coverage Start Date: This is the date when coverage starts under this Protection Plan.

Coverage Term: This is the years of coverage, varying from one (1) to two (2) year(s), You receive under this Protection Plan, starting on the Coverage Start Date. The Protection Plan is inclusive of any US manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty.

Covered Product or Your Product: The product or type of product covered by this Protection Plan.

Coverage Amount: The purchase price of the Covered Product.

Deductible: The applicable deductible, if any, for claims.

2. COVERAGES AND TERMS

This Protection Plan will cover a mechanical or electrical failure of the Covered Product(s), in subsection A below, during normal usage for the Term of this Protection Plan.

This Protection Plan is inclusive of any manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our sole option.

This Protection Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 8, “WHAT IS NOT COVERED.”

A. Covered Product(s)

This Protection Plan provides coverage for parts and labor costs to repair or replace Your Product where the problem is the result of a failure caused by:

1.  Normal wear and tear;

2.  One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return your original defective battery to Us to receive a replacement battery;

3.  Damaged or defective buttons or connectivity ports located on Your Product;

4.  For defective pixels We will match the manufacturer’s warranty for the Term of Your Protection Plan. In the absence of a manufacturer’s dead pixel policy, We will cover a failure of three (3) or more defective pixels within a one square inch area of the display;

5.  Dust, internal overheating, internal humidity/condensation;

6.  Defects in materials or workmanship;

7.  Operational failure resulting from a power surge while properly connected to a surge protector. You may be asked to provide Your surge protector for examination;

8. This Protection Plan provides coverage for parts and labor costs to repair the part or device where the problem is a result of a failure caused by defects in workmanship and/or materials, Excluding those resulting from normal wear and tear such as: cracks, chips, scratches, dents, kinks, breaks, and thinning as long as they do not affect the functionality of the product;

3. WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE

File a claim online at oc.impactcomputers.com or call Us at 954.920.3100 and explain the problem.

4. HOW WE WILL SERVICE YOUR PRODUCT

Depending on the Product and failure circumstances, at Our discretion, We will either:

A.  Repair Your Product, or;

B.  Provide a cash settlement or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount, or;

C.  Replace Your Product with a product of like, kind, quality and functionality.

D. We might at our discretion refund the pro-rated remaining value of the product and the service contract value.

5. PLACE OF SERVICE

At Our discretion, for shippable items, We will provide a free prepaid shipping label to Our authorized service center for repair, replacement or settlement. You will be responsible for safe packaging and shipment of Your Product. If, upon inspection, Your Product is determined to have experienced a failure which is covered by Your Protection Plan, We will service Your Product, in accordance with Section 4, “HOW WE WILL SERVICE YOUR PRODUCT”, within five (5) days of our authorized service center’s receipt of Your Product. If We fail to repair, payout or replace the Product within five (5) business days of receiving it, We will continue to service Your Product and the cost of Your Protection Plan will be refunded to You at Your request. If the authorized service center determines Your Product is in working condition or is not covered by Your Protection Plan, We will return Your Product to You or dispose of it at Your request.

6. 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 Protection Plan shall not exceed the Coverage Amount. In the event that We repair or replace the damaged item, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under this Protection Plan.

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 OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

7. YOUR RESPONSIBILITIES

A. Properly maintain, store and use Your Product according to the manufacturer instructions.

B. Provide us with the Serial Number of the item covered under the Service plan

8. WHAT IS NOT COVERED

A.  Intentional damage;

B.  Lost, stolen, or irretrievable items;

C.  Any product that is fraudulently described or materially misrepresented;

D.  Maintenance, repair, or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the product in accordance with the manufacturer’s specifications and owner’smanual, including, but not limited to, exposure to weather conditions, failure to properly clean, maintain or lubricate, operator negligence, misuse, abuse, improper electrical/power supply, improper equipment modifications, attachments or installation or assembly, vandalism, animal or insect infestation, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes), or any other peril originating from outside the product;

E.  Defects due to the initial installation, assembly or hookup of Your Product;

F.  Cases where in the manufacturer acknowledges the existence of a valid manufacturer’s warranty and denies a claim against the manufacturer’s warranty;

G.  Any software related problems such as recovery discs, drivers, software incompatibility, virus, malware, etc.

I.  Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality or the covered product;

J.  Television, LCD, LED and personal computer monitor screen imperfections, including “burn-in” or burned CRT phosphor;

K.  Accidental damage, cracked or damaged monitor, laptop or display screens, liquid damage, lost buttons or knobs etc.,

L. Consumer replaceable or consumable batteries;

M.  Consumer replaceable or consumable items such as but not limited to toner, ribbons, ink cartridges, drums, belts, printer heads, blades, strings, trim etc.;

N.  All consumer products that are used but not intended for heavy commercial or industrial use or environment;

O.  Product(s) with removed or altered serial numbers;

Q.  Manufacturer defects or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);

R.  Damage to computer hardware, software and data caused by, including, but not limited to, viruses,application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data;

S.  Failures related to shipping damage, cleaning, preventive maintenance, “No Problem Found” diagnosis, intermittent and non-intermittent issues that are not product failures (such as poor cell phone reception, length or duration of a battery, speed or performance benchmarks);

T.  Stains, water marks or rings, rust, plastic discoloration caused by consumable beverages, smoke or other materials deemed by Us to be caustic;

9. NO LEMON POLICY

If Your Covered Product has two (2) service repairs completed for the same problem and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Covered Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product’s original purchase price.

10. FREE SHIPPING:

This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.

11. WORLDWIDE SERVICE

The coverage provided in this Protection Plan can be purchased for products worldwide; however the following limitations and exclusions apply to international customers:

a)    Products covered on the plan need to be return to Impact Computers location (4151 North 29Th Avenue, Hollywood FL 33020) at Your expense (customers are responsible for shipping the product back)

b)    You are responsible for payment of all shipping expenses BOTH ways (from and to us) outside the continental USA, including all shipping fees, broker fees, custom fees, and handling fees.

12. CANCELLATION

You may cancel this Protection Plan for any reason with in the first 30 days from the invoice date. To cancel it, log in to oc.impactcomputers.com or contact Us at 954.920.3100 during business hours. If You cancel this Protection Plan within the first thirty (30) days after purchase of this Protection Plan You will receive a 100% refund of the Protection Plan Price.

We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Protection Plan, You will receive a pro rata refund. If this Protection Plan was inadvertently sold to You on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to You.  Written notice which includes the effective date of cancelation and reason for cancelation, will be emailed to You at least thirty (30) days prior to termination. If We cancel this Protection Plan for nonpayment then We will provide notice at time of cancellation.

13. CASH SETTELMENT

In the event that the product cannot be repaired or if the product cannot be replaced for an equivalent product or under any other circumstances that a cash settlement is required We will refund a pro-rated valued for the remaining of the coverage for the price of the product as well as the cost of the pro-rated cost of the plan. 

“Cash Settlements” will be provided on the same method of payment when available. Otherwise, a refund check will be mailed within 30 days of the settlement.

14. ARBITRATION

Any controversy or claim arising out of or relating to this Protection Plan, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Under this Arbitration provision, We both give up the right to resolve any controversy or claim arising out of or relating to this Protection Plan by a judge and/or a jury. Prior to filing any arbitration, Wejointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us.

We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other.

The laws of the State of Florida (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Protection Plan and all transactions contemplated by this Protection Plan, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Protection Plan. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.

15. ENTIRE CONTRACT

Unless amended by the State Specific Provisions or revised by Us with at least thirty (30) days advance written notice to You, this Protection Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.

State Variations:

The following state variations shall apply if inconsistent with any other terms and conditions.

California: All Protection Plans for home appliance or home electronics are covered by the “Cancellation” section of the Protection Plan.

Connecticut: Resolution of Disputes: If You purchased this Protection Plan in Connecticut, you may pursue arbitration to settle disputes between You and the provider of this Protection Plan. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs.

The written complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Protection Plan.

Florida: The rates charged to You for this Protection Plan are not subject to regulation by the Florida Office of Insurance Regulation.

Georgia: Cancellation will comply with Section 33-24-44 of the Georgia Code. Failure to refund in accordance with the aforementioned Section will make Us liable for penalty equal to 25% of refund and interest of 18% per annum until refund is paid, not to exceed 50% of refund. The waiting period will not exceed 30 days. Arbitration is non-binding. Section 8 (A) “What is Not Covered” of these Terms and Conditions is deleted in its entirety and replaced with the following: Any and all pre-existing conditions known to You that occur prior to the Coverage Start Date of this Protection Plan.

Nevada: This Protection Plan is not renewable. If We cancel this Protection Plan for nonpayment by You, then We will provide notice at least 15 days prior to the effective date of cancellation. We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. Section 14 “Arbitration” of these Terms and Conditions is deleted in its entirety.

Oklahoma: This Protection Plan is not issued by the manufacturer or wholesale company marketing the product. This Protection Plan will not be honored by such manufacturer or wholesale company. The Oklahoma Service Agreement statutes do not apply to commercial use references in Protection Plan contracts. Coverage afforded under this Protection Plan is not guaranteed by the Oklahoma Insurance Guaranty Association.

Oregon: Arbitration: If You are a resident of Oregon, the following shall replace Section 14 “Arbitration” of these Terms and Conditions: Any arbitration occurring under this policy shall occur in an agreed upon location by both parties 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. Any award rendered shall be a nonbinding award against You. 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 address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to this arbitration provision.

South Carolina: In the event of a dispute with the provider of this Protection Plan, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201 or (800) 768-3467. This Protection Plan is not an insurance contract.

Utah: Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the Covered Product at Our sole option. Coverage afforded under this Protection Plan is not guaranteed by the Property and Casualty Guaranty Association. This Protection Plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Notice of cancellation for nonpayment of the purchase price of this Protection Plan will be in writing given at least ten (10) days prior to cancellation.

Washington: Section 15 of these Terms and Conditions is deleted in its entirety and replaced with the following: This is not an insurance policy. Obligations of the service contract provider under this contract are backed by the full faith and credit of the service contract provider.

Wisconsin: The term “Protection Plan” in these terms and conditions shall be understood to mean “Service Contract”. THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim will be denied solely because You failed to obtain preauthorization. This Service Contract, does not provide coverage for intentional damage and/or pre-existing conditions that occur prior to the Coverage Start Date. Arbitration: The laws of the state of Wisconsin shall govern all matters arising out of or relating to this Service Contract. Arbitration is non-binding. 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 address our disagreement in an arbitration proceeding and obtain an arbitration award pursuant to this arbitration provision.

Cancellation: We shall mail a written notice to You at the last-known address contained in our records at least five(5) days prior to cancellation by Us. This notice will include the effective date of and reason for the cancellation. In the event of a total loss of property covered by a Service Contract that is not covered by a replacement of the property pursuant to the terms of the Service Contract, You shall be entitled to cancel the Service Contract and receive a pro rata refund on any unearned provider fee, less any claims paid. If a claim has been made under this Service Contract, You may cancel the Service Contract and We shall refund to You one hundred percent (100%) of the unearned pro rata provider fee, less any claims paid.

Wyoming: The provider of the service contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least ten (10) days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider or a substantial breach of duties by the service contract holder relating to the covered product or its use. Arbitration: If You are a resident of Wyoming, the following shall replace Section 14 “Arbitration” of these Terms and Conditions: At the time of any disagreement, the parties may mutually agree to submit any matters of difference to arbitration by executing a separate written agreement. Any arbitration shall be conducted within the state of Wyoming.