Terms & Conditions
4035 Park East Court, Suite 300 | Grand Rapids, MI 49546
Extended Service Plan – Jewelry & Watches
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT DESCRIBES THE PROTECTION YOU WILL RECEIVE IN RETURN FOR YOUR PAYMENT OF THE PURCHASE PRICE OF THIS AGREEMENT. YOU MUST KEEP THIS AGREEMENT AND YOUR SALES RECEIPT FOR THE PRODUCT YOU PURCHASED. THEY ARE INTEGRAL PARTS OF THIS AGREEMENT AND YOU MAY BE REQUIRED TO PRODUCE THEM TO OBTAIN SERVICE UNDER THIS AGREEMENT. YOU MUST MAINTAIN THE COVERED PRODUCT AS RECOMMENDED BY THE MANUFACTURER’S OWNER MANUAL AND/OR WARRANTY.
NOTICE: The Selling Retailer may be retaining a portion of the purchase price You paid for this Agreement. The purchase of this Agreement is not required to either purchase the Covered Product or to obtain financing. This Agreement does not replace the manufacturer’s warranty for the Covered Product.
I : DEFINITIONS :
(1) “Obligor”, “We”, “Us” and “Our” mean the company obligated under this Agreement, 4warranty Corporation, 10151 Deerwood Park Blvd., Building 100, Suite 500, Jacksonville, FL 32256 (800-867-2216); in all states except in Florida and Oklahoma where it is Lyndon Southern Insurance Company, 10151 Deerwood Park Blvd., Building 100, Suite 500, Jacksonville, FL 32256 (800) 888-2738, Florida License No. 03698, and in Wisconsin where it is The Service Doc Inc., 10151 Deerwood Park Blvd., Building 100, Suite 500, Jacksonville, FL 32256 (800) 867-2216;
(2) “You” and “Your” mean the original purchaser of the Covered Product and any authorized transferee/assignee of the original purchaser, including the Lessee, if the Covered Product was acquired under an RTO Transaction.
(7) “Rent To Own (RTO) Transaction” means a transaction evidenced by a written agreement identifying the Lessor and You identified as the Lessee, where You have use of the Covered Product and You will become the owner of the Covered Product at the completion of the RTO Transaction. No purchase will be treated as an RTO Transaction unless the Lessor is indicated on Your sales receipt;
“Administrator” means Montage, 4035 Park East Court, Suite 300, Grand Rapids, MI 49546 (888) 807-2249;
“Selling Retailer” means the entity selling or leasing the Covered Product and this Agreement;
“Covered Product” means the consumer item which You purchased or leased concurrently with and is covered by this Agreement;
“Agreement” means this service plan, which You have purchased for the Covered Product shown on the Original Sales Receipt provided by the
(8) “Lessor” means the party extending an RTO Transaction. Any cash settlement or refund payable while the RTO Transaction is in force will be payable to the Lessor;
(9) “Lessee” means the party obligated to the Lessor under an RTO Transaction. Unless otherwise authorized by the Lessor, a Lessee is not entitled to the cash settlement or refund otherwise payable while an RTO Transaction is in force; and
(10) “Original Sales Receipt” means the sales receipt provided by the Selling Retailer at the time of purchase and which details the Selling Retailer, the purchase date, the Agreement purchased, the Lessor (if the purchase is for an RTO Transaction), the items covered by the Agreement purchased and their Purchase Price.
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II : TERM :
The term of this Agreement begins on the date of purchase and continues for the lifetime of the original purchaser of this Agreement.
III : COVERAGE :
THIS AGREEMENT PROVIDES CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER’S WARRANTY. LOSSES COVERED BY THE MANUFACTURER DURING THE MANUFACTURER’S WARRANTY PERIOD ARE NOT COVERED UNDER THIS AGREEMENT. We agree to provide service consisting of parts and labor necessary to repair or replace the Covered Product in the event of structural or mechanical breakdown or defects in workmanship and/or materials, from normal wear.
Jewelry Products: This Agreement covers the repair or replacement of the Covered Product in the event of a loss of accent stones if loss is due to a defective mounting in the setting. Covered repairs include soldering; repairing broken, bent or worn prongs or mountings; resetting accent stones; knots, kinks, broken links; broken earring posts or backs; stretched or broken pearl strands; cracked or thinning ring shanks. A one-time ring sizing is available beginning ninety (90) days from the date of purchase of this Agreement. A one-time cosmetic rhodium plating shall be provided during the term of the Agreement.
Watch Products: This Agreement covers mechanical failure of watches, including breakage/damage of stem, band, case, bezel or crystal. A one- time cosmetic refurbishment and one strap replacement per calendar year shall be provided during the term of the Agreement.
Parts used to repair the Covered Product may be new, used, refurbished, or non-original manufacturer’s parts that perform to the manufacturer specifications of the Covered Product. If We, in Our sole discretion, determine that the Covered Product is not effectively repairable, We may replace the Covered Product with an item of comparable type, quality and functionality as the original Covered Product, or We may reimburse You in an amount equal to the purchase price of the Covered Product, excluding sales tax, and less Our cost of all claims paid under this Agreement.
In the event that You choose to accept a replacement or reimbursement, We will retain the Covered Product and We shall have no further obligations under this Agreement. In the event that You choose not to accept a replacement or reimbursement, the Covered Product will be returned to You and We shall have no further obligations under this Agreement.
IV : LIMIT OF LIABILITY :
The maximum amount that We are obligated to pay under this Agreement shall not exceed the original retail selling price of the Covered Product, excluding sales tax. Our obligation shall be fulfilled and this Agreement terminated if the Covered Product is replaced, if a check is issued to You, or if We offer reimbursement but the offer is refused and You elect to retain the Covered Product.
V : HOW TO OBTAIN SERVICE :
Bring the Covered Product, this Agreement, and the Original Sales Receipt to the Selling Retailer where You purchased the Covered Product. If You are unable to return to the Selling Retailer, You may contact the Administrator at (888) 807-2249 between the hours of 8:00 AM and 6:00 PM Central Standard Time, Monday through Friday or email email@example.com. The Administrator will provide You with instructions on how to obtain service. You may be required to ship Your defective Covered Product to the repair center as advised by the Administrator. You may be responsible for all costs of postage, insurance and shipping as advised by the Administrator.
VI : WHAT IS NOT COVERED :
This Agreement does not cover loss or damage from:
(a) misuse, accident, abuse, introduction of foreign objects into the Product, tampering with prongs, bezels or other elements designed to secure a diamond or gemstones, unauthorized modifications or alterations, unauthorized repairs and/or parts, failure to follow the manufacturer’s instructions;
(c) cleaning; initial ring sizing; routine maintenance;
(d) rust or corrosion; fire; burglary or theft; perils of nature;
(e) loss or mysterious disappearance of the Covered Product;
(f) water damage if used under conditions which exceed the manufacturer’s water resistance guidelines;
(g) pre-existing conditions that occur prior to the effective date of this Agreement;
(h) parts or labor covered by a manufacturer's warranty; damage or loss due to lack of maintenance; loss of use;
(i) damage not reported prior to the expiration of the term of this Agreement;
(j) flaws in gemstones;
(k) unknotted pearl strands;
(l) inherent product defects;
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(m) damage covered by another insurance policy, warranty or service plan.
IN NO EVENT SHALL WE OR ANY OF OUR AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS AGREEMENT DOES NOT COVER ANY LOSS OR DAMAGE NOT SPECIFICALLY LISTED HEREIN.
VII : CONDITIONS :
A. Renewal: We may renew this Agreement at Our discretion.
B. Transferability: This Agreement is transferable by the original purchaser for the balance of the original term of this Agreement. The transfer of this Agreement and the Covered Product must be registered by mailing a copy of this Agreement and the Original Sales Receipt to the Administrator, and providing the date of new ownership, new owner’s name, complete address, and telephone number and a check for $25.00 payable to the Administrator. The manufacturer’s warranty may not be transferable.
C. RTO Transactions: Where the Covered Product was initially acquired under a RTO Transaction, any cash settlement or refund will be paid to the owner of the Covered Product at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the property. In all other respects, the Lessee will retain a beneficial interest in this Agreement and all non-cash benefits described herein shall be rendered to the Lessee. Any cash settlement or refund paid to the Lessor will be applied to the customer’s lease balance if any. Any owner obligations related to maintenance of the Covered Product 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 leased and its derivatives. Any reference to purchaser shall mean the Lessee under the RTO Transaction and not the Lessor.
D. Deductible: There is no deductible required to obtain service on Your Covered Product.
E. Territories: The Agreement territory is limited to the United States of America, including the District of Columbia, only. It does not include Canada or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
F. Subrogation: If We pay or render service for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay or render service for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before We retain any amount We may recover. Where a Lessee under a RTO transaction has not yet acquired ownership of the Covered Product, this section will apply to the Lessor.
G. Arbitration: PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT PROVIDES THAT ANY CLAIM OR DISPUTE THAT YOU MAY HAVE IN THE FUTURE RELATING TO THIS AGREEMENT AND YOUR DEALINGS WITH US MUST BE RESOLVED SOLELY THROUGH BINDING ARBITRATION.
Arbitration is a method of resolving any claim, dispute or controversy without filing a lawsuit. In this Arbitration Provision, You, We, and the Administrator (the “Parties”) are irrevocably waiving our rights to go to court and are agreeing instead to submit any claims, disputes or controversies between the Parties to binding arbitration for resolution. This Arbitration Provision sets forth the terms and conditions of our Agreement to binding arbitration. The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision. The Parties agree to resolve all claims, disputes and controversies (collectively “Claims”) related in any way to this agreement by binding arbitration, including but not limited to Claims related to the underlying transaction giving rise to this Agreement, and including further, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity. In addition, the arbitrator shall decide issues related to the applicability, scope and validity of this Arbitration Provision. Notwithstanding this Agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under this Agreement between or among the Parties.
YOU AGREE AND HEREBY EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO LITIGATE IN SMALL CLAIMS COURT, STATE, COUNTY OR FEDERAL COURT ANY CLAIM ON A CLASS-ACTION BASIS OR IN ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING AS EITHER A REPRESENTATIVE OR MEMBER OF A CLASS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO OTHERWISE PURSUE ANY CLAIM IN A CLASS- ACTION IN SMALL CLAIMS, STATE, COUNTY OR FEDERAL COURT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ANY DISPUTE REGARDING THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER PROHIBITING YOU FROM PARTICIPATING IN OR FILING A CLASS-ACTION IN ANY COURT SHALL BE DETERMINED EXCLUSIVELY BY A COURT.
The arbitration shall be administered by the American Arbitration Association (“AAA”). The arbitration shall be governed pursuant to the AAA Consumer Arbitration Rules (the “Code”). The arbitration will take place before a single, neutral arbitrator selected in accordance with the Code in effect at the time the arbitration is commenced. You have a right to attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county in which You live, the closest AAA location to Your residence, or via telephone. For information about how to initiate arbitration with the AAA, the Parties shall refer to the AAA Code and forms at www.adr.org or call (800) 778–7879. If You initiate arbitration with AAA, You must pay any AAA filing fee in effect at the time You initiate arbitration. We will pay all other remaining arbitration costs and expenses, including any remaining AAA costs or expenses and all remaining, reasonable professional fees for the arbitrator’s services. If We initiate arbitration
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against You, We will pay Your filing fee and all costs associated with the arbitration. We shall bear the expense of Your reasonable and actual attorney's fees regardless of which party prevails in the arbitration; provided however, in the event the arbitrator determines one or more of Your Claims to be frivolous, You shall bear all of Your own expenses, including all attorney's fees. An arbitration award shall not be set aside except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.
NOTHING HEREIN IS INTENDED OR SHOULD BE CONSTRUED AS CONSENT OR AGREEMENT TO CLASS-ACTION OR REPRESENTATIVE ARBITRATION. THE PARTIES AGREE AND ACKNOWLEDGE THAT THERE IS NO AGREEMENT OF ANY KIND BETWEEN THE PARTIES TO CONDUCT ANY ARBITRATION ON A CLASS-ACTION OR COLLECTIVE BASIS, BY YOU AS A REPRESENTATIVE OF OTHERS, A PRIVATE ATTORNEY GENERAL OR A MEMBER OF A CLASS. THE PARTIES COLLECTIVELY AND YOU, INDIVIDUALLY, ACKNOWLEDGE AND DO NOT AGREE TO ARBITRATION OF ANY CLAIM HEREUNDER ON A CLASS-ACTION, COLLECTIVE OR REPRESENTATIVE BASIS UNDER ANY CIRCUMSTANCES.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, all the remaining portions of this Arbitration Provision shall nevertheless remain valid and enforceable, provided, however, that if the portions regarding Your waiver of class-action rights or the Parties’ acknowledgement of no agreement as to class arbitration are deemed invalid or unenforceable, then this Arbitration Provision shall, upon election of any Party, be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision governs
YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US VIA CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT.
H. Cancellation: You may cancel this Agreement for any reason at any time. If You cancel this Agreement within thirty (30) days of receipt of this Agreement, please return to the Selling Retailer to receive a full refund of the purchase price of this Agreement. If You cancel after thirty (30) days of receipt of this Agreement, please contact the Administrator in writing, and attach a copy of this Agreement and a copy of the Original Sales Receipt at 4035 Park East Court, Suite 300, Grand Rapids, MI 49546. After thirty (30) days, You will receive a pro-rata refund based on a term of ten (10) years less a twenty-five dollar ($25) cancellation fee or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. The refund due while an RTO Transaction is in force will be paid to the Lessor. In the case of termination of an RTO Transaction, this Agreement will be cancelled and the applicable refund will be paid to the Lessor. The Lessor will then be responsible for paying any amounts due to the Lessee or You. We shall not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. If We cancel, the refundable portion of the purchase price of this Agreement is based upon one hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Agreement on the date of its cancellation. The pro-rata amount will be based on a term of ten (10) years.
I. Entire Agreement: This is the entire agreement between the parties, and no representation, promise or condition made by any person or entity which is not contained herein shall modify any of the terms or conditions of this Agreement.
VIII : INSURANCE :
THE OBLIGOR UNDER THIS AGREEMENT IS INSURED BY “LYNDON SOUTHERN INSURANCE COMPANY”, 10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256, EXCEPT IN GEORGIA WHERE THE OBLIGOR IS INSURED BY “INSURANCE COMPANY OF THE SOUTH”, 10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256, and EXCEPT IN CALIFORNIA WHERE THE OBLIGOR IS INSURED BY “RESPONSE INDEMNITY COMPANY OF CALIFORNIA”, 10151 DEERWOOD PARK BLVD., BLDG. 100, SUITE 500, JACKSONVILLE, FL 32256 AND EXCEPT IN NEW YORK, RHODE ISLAND AND WISCONSIN WHERE THE OBLIGOR IS INSURED BY “ATLANTIC SPECIALTY INSURANCE COMPANY”, 605 NORTH HIGHWAY 169, SUITE 800, PLYMOUTH, MN 55441, IF THE OBLIGOR FAILS TO PROVIDE SERVICE OR PAY A CLAIM WITHIN SIXTY (60) DAYS YOU MAY SUBMIT YOUR CLAIM DIRECTLY TO THE INSURER AT THE ABOVE ADDRESS.
FINANCIAL GUARANTEE: IN WASHINGTON, OBLIGATIONS OF THE SERVICE CONTRACT PROVIDER UNDER THIS AGREEMENT ARE BACKED BY THE FULL FAITH AND CREDIT OF THE SERVICE CONTRACT PROVIDER. IF ANY PROMISE MADE IN THE AGREEMENT HAS BEEN DENIED OR HAS NOT BEEN HONORED YOU MAY CONTACT FORTEGRA FINANCIAL CORPORATION AT (800) 888-2738.
IX : STATE REQUIREMENTS AND DISCLOSURES :
THIS AGREEMENT IS AMENDED TO COMPLY WITH THE FOLLOWING REQUIREMENTS AND DISCLOSURES.
CA: CANCELLATION section is amended as follows: If You cancel this Agreement within sixty (60) days of receipt of this Agreement, please return to the Selling Retailer to receive a full refund of the purchase price of this Agreement. If You cancel after sixty (60) days of receipt of this Agreement, please contact the Administrator in writing, and attach a copy of this Agreement and a copy of the Original Sales Receipt at 4035 Park
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East Court, Suite 300, Grand Rapids, MI 49546. After sixty (60) days, You will receive a pro-rata refund based on a term of ten (10) years less a twenty-five dollar ($25) cancellation fee or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid.
A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. Arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 4244 S. Market Court, Suite D, Sacramento, CA 95834, or You may visit their website at www.bear.ca.gov. Informal dispute resolution is not available.
JWL-4WC (07.16) OK Lic.: 864264