Service Plan - Repair -------------------- This document sets forth the entire Contract between the Service Contract Administrator and Obligor, hereinafter referred to as We, Us and Our, and the Purchaser, as You and Your. No representation, promise or condition herein shall modify these terms. AIG WarrantyGuard, Inc. (“AWG”) is contractually obligated to You to provide service under this Contract where in accordance with and as allowed by state law. If this Contract is purchased in Florida or Oklahoma, AIG Warranty Services of Florida, Inc. (“AWSF”) is contractually obligated to You to provide service under this Contract. AWG, (800)-343-4441 and AWSF, (800)-250-3819 can be contacted at 650 Missouri Avenue, Jeffersonville, IN 47130. AIGWG and AWSF collectively referred to as AIG. 1. **WHAT IS COVERED.** We will furnish labor, parts, and/or replacement equipment (or pay for same) necessary to repair operational or mechanical breakdowns of the Product(s) listed on the Certificate of Coverage, provided such service is necessitated by Product failure during normal usage. The Product(s) specified and covered includes only equipment as originally configured. Coverage also applies to the parts and accessories that are necessary to the covered Product’s functionality, but does not apply to accessories that are used in conjunction with or to enhance the performance of the covered Product(s). ** Food Loss: ** You will be reimbursed for food losses resulting from the operational or mechanical failure of Your refrigerator or freezer up to $250 per appliance over the life of the Service Contract. 2. ** TO OBTAIN SERVICE. ** If service is needed, prior authorization is required by contacting the toll free number shown on the front of this Contract, 24 hours a day, 7 days a week, and explain the problem. 3. ** WAIT PERIOD. NO WAIT PERIOD IS REQUIRED IF THE COVERED PRODUCT IS UNDER MANUFACTURER’S WARRANTY OR UNDER THE COVERAGE OF ANOTHER EXTENDED SERVICE CONTRACT AS OF THE DATE THIS CONTRACT IS PURCHASED. IF THE MANUFACTURER’S WARRANTY OR OTHER EXTENDED SERVICE CONTRACT HAS ENDED BEFORE THE PURCHASE DATE OF THIS CONTRACT, A 30 DAY WAIT PERIOD IS REQUIRED. ** 4. ** AVAILABILITY OF SERVICE. ** Neither Us nor the Dealer, Manufacturer, or Retailer shall be liable for any damages whatsoever arising out of delays, either before or after a day or time of service is agreed upon. 5. ** PRODUCT REPAIR PARTS. ** If the product or a unit, component, part or subassembly require repair, We may, at Our option and discretion, repair or exchange it with an comparable product, unit, component, part or subassembly that is new or refurbished. Genuine factory parts will be used whenever possible. 6. ** ACCESSIBILITY OF PRODUCT. ** If service is required, You agree to make the product reasonably accessible to the repair person. If the product is not accessible, the repair person will have the option of declining to provide service or assessing You an additional charge for making the product accessible, commensurate with the difficulty in working on the product. 7. ** PARTIAL PAY PLANS. ** Partial Pay Plans are defined as fixed term Plans not paid in full at the time of initial purchase. For Partial Pay Plans, if payment is not received by the specified date(s), Your Contract will be suspended until payment is received and is subject to cancellation as provided in Section 18. This Contract must be paid in full prior to services being rendered. 8. ** IMPORTANT NOTE. ** Repairs recommended by the repairing facility not necessitated by mechanical breakdown are not covered unless specifically authorized by Us. We reserve the right to inspect the covered product(s) prior to coverage or during the coverage period. Model number, serial number and date of purchase of all Products to be covered must be provided to execute application for service. If You request a service call for a non-covered repair or “no failure found” diagnosis is determined for the same problem on a second trip, You may be responsible for all costs associated with the repair/call. In the event You are unable to meet the servicer for an onsite repair, You must call to cancel the appointment one (1) business day prior to the agreed upon time of service or You may be responsible for paying the second trip charge for the subsequent rescheduled repair. This Contract must be paid in full prior to services being rendered. 9. ** TIME FOR SERVICE. ** Service will be performed during the hours of 8:00 a.m. to 5:00 p.m. local time Monday through Friday, excluding holidays or during the hours of operation of the participating service provider. Any additional costs above the service providers authorized hourly rate (premium or overtime charges) or after hours service will be at Your expense with exception of health related or severe weather related emergencies. 10. ** SERVICE EVENT. ** After We authorize Your claim, We will at Our option complete the lesser of (a) the repair of Your Product with new or refurbished parts, or (b) Exchange or Buyout Your Product as provided in Section 20. The decision to repair Your Product or Exchange or Buyout will be made solely by Us. If Your Product requires repair, service will be provided by an authorized service provider. You may be asked to provide proof of purchase as a condition for receiving service under this Service Contract. Your original, itemized purchase receipt should be kept with this Contract. Non-itemized billing statements will not be accepted. 11. ** SUBCONTRACTING. ** Service will be performed by an authorized service providers. 12. ** UNABLE TO REPAIR. ** If We determine that We are unable to repair Your Product due to the unavailability of functional parts or service, We will Exchange or Buyout Your Product as provided in Section 20. In all cases where parts or technical information are on extended backorder for a minimum of forty-five (45) calendar days, We will determine if an Exchange or Buyout will be made. All contractual obligations for the specified Product are fulfilled, in lieu of repairs, upon Exchange or Buyout of Your Product. 13. ** SERVICE FEE. ** If this is a Service Fee plan, as identified on the Certificate of Coverage You must pay the Service Fee amount for each service call per Product referenced on the Certificate of Coverage. The Service Fee is for each occurrence where We approved the service appointment. A separate Service Fee is required for each Product repaired. No additional Service Fee will be required if same service performed on same Product within a 90 day period. We will collect Service Fee at the time of schedule service. 14. ** RENEWABILITY. ** This Contract is renewable at Our sole discretion. If You wish to renew this Contract, please call the toll free number listed on the front of this Contract. 15. ** LIMITATIONS OF COVERAGE ** – This Contract Does Not Cover: ** A. ** Any product located or manufactured for use outside the continental United States, Alaska or Hawaii (US Only). ** B. ** Service required as a result of any alteration of the equipment, or repairs made by anyone other than an authorized service provider. This would include any unauthorized alterations made by You to the Product. ** C. ** Damage or other equipment failure due to causes beyond Our control including, but not limited to, repairs necessary due to operator negligence, the failure to maintain the equipment according to the owner’s manual instructions, accident, mishandling, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, unusual atmospheric conditions, or acts of war or acts of God. ** D. ** Service necessary because of improper storage, improper ventilation, any utilization of the equipment that is inconsistent with either the design or the way the manufacturer intended the equipment be used. ** E. ** Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment. ** F. ** Products used in a commercial environment, which is defined as nonresidential, multiuser, communal or industrial use. Equipment used in recreational vehicles, boats, group homes, animal shelters, donated product or not for profit environments is not covered. ** G. ** Cosmetic defects, damage, or failures of non-operational components that do not inhibit the proper operation and performance of the covered items. ** H. ** Consumable items, defined as any part that is considered consumable by the manufacturer or any item that is designed to be consumed (wear out) during the life of the Product, regardless if it is consumer replaceable or not. Consumable items include, but are not limited to: For Appliances: belts and bags, drip pans or grates, light bulbs, lamps, filters, remotes and batteries. ** I. ** Repairs to Product, including parts, or Product replacement covered by the manufacturer’s warranty, manufacturer’s recall, or similar manufacturer’s incentive or repair program (regardless of whether or not the manufacturer is doing business as an ongoing enterprise). ** J. ** Consequential damages as a result of malfunctioning of or damage to an operating part of the covered equipment, or damages as a result of any repairs or replacements under this agreement. ** K. ** Damages caused by delays in rendering service or loss of use during the period that the product is awaiting parts. ** L. ** Damage or failure caused by animals or insects. ** M. ** Damage or failure caused by bodily fluids, including but not limited to urine and vomit. ** N. ** Operational or mechanical failure which is not reported prior to expiration of this Contract or within 30 days of product failure. ** O. ** Refurbished equipment, equipment sold without a manufacturer’s warranty or sold “as is”. ** P. ** Normal, periodic or preventative maintenance, including but not limited to customer education, adjustments, and cleanings. ** Q. ** Loss or damage as a result of violation of existing federal, state and municipal codes including repairs to products not complying with said codes. ** R. ** Pre-existing conditions, incurred prior to the effective date of coverage, and known to You. This includes situations where the Product was not taken out of the box or utilized prior to manufacturer warranty expiration and a failure is discovered upon removal or use during Our coverage. ** S. ** Equipment where the serial plate attached to the equipment is removed, defaced or made illegible. ** T. ** Non failure problems that do not require parts and intermittent issues. Subsequent trip charges may need to be paid by You if a second “no failure found” diagnosis is determined based on the same problem. ** U. ** Transit or delivery damage, damage caused by packing, unpacking, assembly, installation, or removal. Short circuit, loss of use, parts or labor covered under the manufacturer’s warranty, lack of maintenance, bodily injury, pre-existing conditions, manufacturer’s recall, periodic checkups or maintenance. We will not pay for adjustments or repairs required because of conditions at your location. ** V. ** Damage resulting from unauthorized repair; or electrical wiring and connections; damage caused during delivery or removal, improper installation, or setup including, but not limited to packing, unpacking or assembly, user facilitated minor adjustments and settings outlined in the Product’s owner’s manual, external antenna or local reception problems, inaccessible products or parts, negligence, misuse or abuse whether willful or not. ** W. ** Appliances over 15 years of age. ** X. ** Installation, removal, or reinstallation of any equipment or additional labor authorization. ** Y. ** Products sold second hand including but not limited to floor models, rent to own, eBay, garage sale, estate sale, demonstration models, etc. (unless covered by a full manufacturer’s warranty on your date of purchase). ** Z. ** Any cost recoverable under any other warranty, guarantee, or under an insurance policy (in such case, this Contract will cover any applicable deductible). ** AA. ** Product that has been leased to You. ** BB. ** Parts or accessories that are used in conjunction with product specified under this Contract that enhances the performance of the covered Product. 16. ** NO LEMON GUARANTEE. ** During the term of this Contract, when three service repairs, with three separate claim numbers, have been completed on the same part, for the same Product, and that same part requires repair under a fourth claim number, as determined by Us, We will Exchange Your Product as provided under Section 20. In the event a comparable replacement cannot be located, a Buyout as provided in Section 20 will be provided. This does not include repairs necessary during the manufacturer’s warranty period, rework/ callback service required after initial service, during the warranty of work period provided by the Service Company, or previous Service Contract terms, including previous or subsequent renewal contracts. Once you have received Your Product Exchange or Buyout, all of Our contractual obligations for the specified Product have been fulfilled. 17. ** CANCELLATION AND REFUND. ** You may cancel this Contract at any time for any reason. If You cancel this Contract within sixty (60) days of the date purchased, You will receive a refund of the full purchase price less any claims. If You cancel this Contract thereafter, You will be refunded the remaining days of coverage on a monthly prorated basis, less costs for service performed (if applicable). Neither You, the Dealer or We are obligated to renew this Contract beyond the current term. You may cancel this Contract via phone within 48 hours by calling1-866-265-0028. After 48 hours, Contract must be canceled in writing by mailing to Whirlpool Cancelations, 650 Missouri Ave, Jeffersonville, IN 47130. 18. ** CANCELLATION FOR NONPAYMENT. ** If any payment is not made when due, We have the right to terminate this Contract without liability. 19. ** TERMINATION FOR OTHER CAUSE. ** Any attempts by You to repair or alter the Product, without prior authorization by Us may, at our discretion, result in the termination of this Contract without liability. If We exercise this right, We shall refund to You the remaining pro-rata unearned portion of one hundred percent (100%) of the net purchase price paid for this Contract, minus claims paid. 20. ** EXCHANGE OR BUYOUT. ** We have the option, at Our sole discretion, to (a) Exchange Your Product with a replacement product with similar features and functionality, or (b) Buyout Your Product with a cash settlement based on the original purchase price of the covered Product, excluding taxes, delivery and installation fees. The value of the Exchange or Buyout will be determined according to the age of the covered Product using the following depreciation schedule: ** Product Age ** | ** Reimbursement Amount ** --- | ---: 1-5 years | 75% of Original purchase price of the covered Product 6-10 years | 45% of Original purchase price of the covered Product 11-15 years | 25% of Original purchase price of the covered Product You have up to forty-five (45) days from the date of authorization to complete your Product Buyout transaction. We will have satisfied all contractual obligations owed for the specified Product if We Exchange or Buyout Your Product under this section. Technological advances may result in a replacement Product with a lower selling price than the original Product. If We Exchange or Buyout the Product, the covered Product becomes Our property and We may, at Our discretion, require the product to be returned to Us (or our designee) at Our expense. The Insurer and Obligor shall not be deemed to provide cover and the Insurer or Obligor shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer, its parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America.