Wallace Eannace Associates, Inc
Extended Warranty Terms and Conditions
This Plan is not a contract of insurance. Unless otherwise regulated under state law, the contents under this Plan should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.
Congratulations! You have Plan coverage on Your Product. This document contains the terms and conditions about the Plan – what’s covered, what’s not, how to contact Us, etc. It’s not as scary as it may look and it is worth reading.
The following definitions apply to certain terms used in this Plan:
- Payment means a check or merchandise credit with the Plan Seller.
- Plan means these terms and conditions, Your sales receipt for the Product(s), and if separate, the receipt for the Plan purchase. Your sales receipt(s) describes the Product(s) and Plan term.
- Plan Holder/You/Your means the owner of the Product(s) covered under this Plan.
- Plan Provider/We/Us/ Our means the entity that is contractually obligated to You under the terms of this Plan. The Plan Provider is Wallace Eannace Associates, Inc, 50 Newtown Road, Plainview, NY 11803
- Plan Administrator means the entity responsible for the administration of this Plan. The Plan Administrator is Wallace Eannace Associates, Inc, 50 Newtown Road, Plainview, NY 11803
- Plan Seller means the Wholesaler from whom You purchased Your Plan as indicated on Your sales receipt.
- Product(s) means the specific item(s) You purchased as indicated on Your sales receipt as covered by this Plan.
- Price means the amount paid by You for this Plan as listed on Your sales receipt.
- Wholesale Cost means the amount charged to You, pre-tax, for the Product covered under this Plan.
How Long Is My Product Coverage?
The term of Your Plan begin on the date that your manufacturer’s warranty ends. Coverage will continue for the length of time printed on Your sales receipt. As an additional benefit for commercial applications, plan holders will be entitled to labor coverage, as described in this plan, effective on the date that You purchase the Product, or its delivery to you.
Parts and services covered during the manufacturer’s warranty period are the responsibility of the manufacturer. Your Product(s) may have a labor and/or parts warranty from the manufacturer that may provide additional or overlapping coverage with this Plan. Review Your manufacturer’s warranty. Nothing in the Plan will limit or discharge any manufacturer’s obligations.
The following benefits are applicable to Your Plan.
Power Surge: If Your Product is electrically powered, this Plan covers parts and labor due to failure of Your Product as a result of power surge, as determined by an authorized technician.
Normal Wear and Tear Coverage: This Plan covers normal wear and tear. Normal wear and tear is a failure not caused by a defect. Normal wear and tear exclude failures that are the result of accidental or intentional damage, improper maintenance, abuse, misuse, consumable parts failure, unauthorized repair, theft or loss.
On-Site Service or Pickup: If on-site service or pickup is provided for the full term of the manufacturer’s warranty, then it will also be provided to You under this Plan. If on-site service or pickup is not provided for the full term of the manufacturer’s warranty, then it will not be provided under this Plan and You will be responsible for the costs to transport Your Product to a repair facility as determined and authorized by the Plan Administrator. You must call the Plan Administrator at 516-454-9300 to receive authorization for repairs prior to transporting Your Product.
Below are details on Your plan.
Your Product will be restored to normal operating condition if it has failed due to defects in materials and workmanship, or normal wear and tear. This Plan covers all labor and/or parts costs necessary to repair Your Product for problems due to functional part failures unless otherwise stated in this Plan. Genuine manufacturer’s parts will be used whenever possible; however, the use of non- original manufacturer’s and re-manufactured parts is allowed under this Plan.
What if We can’t fix it?
If We, in Our or its sole discretion, determine that Your Product is not repairable, We, in Our or its sole discretion, will either: (1) provide a new, rebuilt, or refurbished product of equal or similar features and functionality, or (2) issue a Payment up to the Wholesale Cost of the Product, plus applicable sales tax. Upon providing You with the replacement product, or a Payment for the non-repairable Product, the non-repairable Product will become Our property, should We unilaterally elect to exercise Our rights to the Product. This Plan is deemed fully satisfied by Us by replacement of the Product or by the issuance of a Payment up to the Wholesale Cost of the Product, plus applicable sales tax, unless otherwise required by state law. The coverage provided under this Plan will not be transferable to any replaced product, unless otherwise required by state law.
How quickly can We fix it? If Your Product is not repaired within [14 days], You will receive a one-time Payment of [$50] over the life of the Plan. If Your Plan includes onsite service or pick-up, the clock starts ticking on this turnaround time once You have contacted the Plan Administrator and reported the failure, as long as You are able to accommodate our first available service appointment. If You are not able to accommodate the first available appointment, We start the clock ticking as of the date of the first service visit. If Your Plan does not include on-site service or pickup, the clock starts ticking on this turnaround time once Your Product has been delivered to the pre-authorized location directed by the Plan Administrator.
Suppose it’s a lemon?
After expiration of the manufacturer’s warranty, if You have three covered service repairs completed on three separate occasions and Your Product requires a fourth repair, as determined by Us, We will issue You a Payment, not to exceed the Wholesale Cost of the original Product, plus applicable sales tax. Please keep Your service receipts as We may require You to submit them to fulfill a claim under this benefit. A covered service repair does not include: consumer requested alignments, cleanings, product diagnosis, customer education, troubleshooting/telephone diagnosis, and accessory repairs/replacements.
Bundled Products (HydroFAB)
You may purchase coverage on one Product, or multiple Products (i.e., two, or three Products) that are bundled. If You purchase coverage on multiple Products that are bundled in a multiple item Plan, each Product will be serviced and treated as if a separate Plan was purchased for each individual Product; however, cancellation of a multiple item Plan will be governed by the Cancellation section below.
To keep this Plan in force, You must maintain the Product(s) in accordance with the service requirements and manufacturer’s specifications in Your owner’s manual, including cleaning and maintenance. You promise and assure: (1) full cooperation with the Plan Administrator, technicians and authorized servicers during diagnosis and repair of the Product(s), including access to proper connections and requirements as specified by the manufacturer; (2) accessibility to the Product(s); (3) a non- threatening and safe environment for in-home or in-building service; (4) the presence of an adult during the time of scheduled service; (5) that You will provide notification of any defect or deficiency in service within 90 days of discovery; (6) protect the Product(s) from further damage; and (7) follow the owner’s manual.
This Plan Does Not Include Any of the Following:
1. REPAIRS OR REPLACEMENT CAUSED BY ACCIDENT OR INTENTIONAL DAMAGE, SPILLED LIQUIDS, RUST (UNLESS OTHERWISE NOTED IN THIS PLAN), INSECT INFESTATION/VERMIN, MISUSE, ABUSE, PRODUCT(S) WITH ALTERED OR MISSING SERIAL NUMBERS, FAILURES CAUSED BY EXTERNAL FACTORS AND ENVIROMENTAL CONDITIONS SUCH AS SULPHER, ETC.;
2. UNAUTHORIZED REPAIRS AND DAMAGE CAUSED BY UNAUTHORIZED REPAIR PERSONNEL;
3. COSMETIC DAMAGE AND PROBLEMS DUE TO IMPROPER AND/OR UNAUTHORIZED INSTALLATION OR REPAIRS;
4. SEIZED OR DAMAGED PARTS RESULTING FROM: FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS; THE USE OF CONTAMINATED OR IMPROPER LUBRICANTS; STALE, CONTAMINATED, OR IMPROPER FUEL; AND/OR FREEZING OR OVERHEATING;
5. “NO PROBLEM FOUND” DIAGNOSIS OR DAMAGE DUE TO FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS. PRODUCTS ARE GETTING MORE AND MORE COMPLEX SO PLEASE FOLLOW INSTRUCTIONS IN YOUR OWNER’S MANUAL;
6. ACTS OF GOD;
7. PRODUCT(S) NOT ASSOCIATED WITH THE PURCHASE OF THIS PLAN, INCLUDING AFTERMARKET INSTALLATIONS/MODIFICATIONS;
8. ANY FEES RELATED TO THIRD PARTY CONTRACTS;
9. ANY FAILURES, PARTS, AND/OR LABOR COST INCURRED AS A RESULT OF A MANUFACTURER’S RECALL;
10. ANY AND ALL DEFECTS THAT EXISTED AND WERE KNOWN BY YOU PRIOR TO THE EFFECTIVE DATE OF THIS PLAN;SERVICE OR REPLACEMENT OUTSIDE NEW YORK/ NEW JERSEY METROPOLITAN AREA;
11. UNLESS SPECIFICALLY PROVIDED FOR IN YOUR PRODUCT’S COVERAGE, CLEANINGS AND ALIGNMENTS;
12. THEFT OR LOSS;
13. WHERE RE-INSTALLATION COVERAGE IS APPLICABLE TO YOUR PLAN, COSTS OUTSIDE OF LABOR, SUCH AS ADDITIONAL LICENSING, PERMITS, OR OTHER PARTS REQUIRED BY LOCAL, COUNTY, OR STATE REGULATION;
14. LIABILITY OR DAMAGE TO PROPERTY, OR INJURY OR DEATH TO ANY PERSON ARISING FROM THE OPERATION, MAINTENANCE, OR USE OF THE PRODUCT(S);
15. COST OF PREVENTATIVE MAINTENANCE, UNLESS OTHERWISE NOTED, OR DAMAGES CAUSED BY IMPROPER PREVENTATIVE MAINTENANCE;
16. UNLESS EXPRESSLY PROVIDED IN YOUR PLAN, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, DOWN-TIME AND CHARGES FOR TIME AND EFFORT, AND/OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT A REPAIR CENTER OR OTHERWISE AWAITING PARTS;
17. PRODUCT(S) WITH SAFETY FEATURE(S) REMOVED, BYPASSED, DISABLED, OR ALTERED; AND
18. ANY CONSEQUENTIAL DAMAGE, IMPLIED OR ACTUAL
If You Need Service – Contact the Plan Administrator to arrange for service at 516-454-9300. The Plan Administrator is available 8 hours a day, 5 days a week. The Plan Administrator must authorize all repairs in advance. Unauthorized repairs may invalidate this Plan. We will try to complete service as quickly as possible; however, We are not responsible for delays caused by factors beyond Our control, including, but not limited to: manufacturer’s parts delay, shipping to regional service facilities, or acts of God. If there is an emergency, please describe the nature of the emergency to Our customer service representative. During severe weather conditions and peak service, We will give priority to emergency calls. Emergency services will be available at no extra charge.
Renewal – No party is obligated to renew this Plan beyond the expiration date of the term. The total price paid by you for a Plan renewal may change or increase compared to Your original Plan. By purchasing this Plan, You agree that We may contact You to notify You of renewal, upgrade, and additional coverage options.
There is no deductible under this Plan – If You have a claim under this Plan related to Your Product, there’s no additional cost to You for covered service beyond what You paid for this Plan.
Cancellation – You may cancel Your Plan within the 30 days of purchase by contacting the Plan Administrator. You will receive a refund in the amount of 100% of the Price, less the total actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received under the Plan, except as otherwise required by law. You may cancel Your Plan after 30 days from the date of purchase by contacting the Plan Administrator. You will receive a pro rata refund of the Price less the actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received, except as otherwise required by law. For cancellation of Plans containing multiple Products, You will receive a pro rata refund of the Price of the entire Plan less the actual cost of any service received, except as otherwise required by law. The cancellation of such multiple Product Plans cancels coverage on ALL Products previously covered by the Plan. No cancellation fee applies to this Plan. The effective date of cancellation is the date We receive Your request for cancellation. If We cancel this Plan, You will receive a pro rata refund of the Price less the actual cost of any service, labor, payments, reimbursements, replacements, parts, coverages and/or benefits received under the Plan, except as otherwise required by law. You will be provided with a written notice at least 30 days prior to cancellation at Your last known address, with the effective date of cancellation and the reason for cancellation. We reserve the right to cancel this Plan at any time and without prior written notice in the event of non-payment, material misrepresentation by You, or a substantial breach of duties by You, except as otherwise required by law.
Limitation of Liability – For any single claim, the limit of liability under this Plan is the lesser of (1) the cost of authorized repairs, (2) the cost of Product replacement with a product of similar features, (3) the cost of reimbursement for authorized repairs, or (4) the Wholesale Cost that You paid for the original Product. In the event that the total of any and all authorized repairs, parts, and other coverage and benefits exceeds the Wholesale Cost paid for the Product, or We replace the Product with one of equal or similar features and functionality, the obligations of the Plan Provider, Plan Seller, and Plan Administrator under this Plan will be deemed fully satisfied by Us. THE TOTAL LIABILITY UNDER THIS PLAN WILL NOT EXCEED THE WHOLESALE COST PAID FOR THE COVERED PRODUCT UNDER ANY CIRCUMSTANCES. IN NO EVENT WILL THE PLAN PROVIDER, PLAN SELLER, OR PLAN ADMINISTRATOR BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, DOWN-TIME, AND CHARGES FOR TIME AND EFFORT RELATING DIRECTLY OR INDIRECTLY TO THIS PLAN.
READ THE FOLLOWING ARBITRATION PROVISION (“PROVISION”) CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
As used in this PROVISION, “You” and “Your” mean the person or persons who bought the Plan, bought the covered Products, or who is the registered owner with the Plan Administrator, and all of his/her/their heirs, survivors, assigns, and representatives. “We” and “Us” shall mean the Plan Provider, Plan Administrator, and Plan Seller identified above and shall be deemed to include all of their agents and parent, affiliates and subsidiaries and any insurer.
Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this PROVISION or of the entire Plan (collectively, a “Claim”), between You and Us shall be resolved by binding arbitration before a single arbitrator, except that either You or Us may bring a Claim in small claims court (where allowed by law). To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Consumer Arbitration Rules (or their functional equivalent) (“Rules”) of the American Arbitration Association (“AAA”) in effect when the Claim is filed. You may get a copy of these AAA’s Rules by contacting AAA at 120 Broadway, 21st Floor, New York, NY 10271 or visiting www.adr.org. Unless You and We agree, the arbitration will take place in the county and state where You purchased the product. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this PROVISION means that You give up Your right to go to court on any claim covered by this PROVISION, except where You or Us decide to proceed in small claims court. You also agree that any arbitration proceeding or small claims court proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated or litigated in any proceeding that is considering Your Claims. Please refer to the State Disclosures section of this Plan for any added requirements in Your state. In the event this PROVISION is not approved by the appropriate state regulatory agency, and/or is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, YOU AND WE SPECIFICALLY AGREE TO WAIVE AND FOREVER
GIVE UP THE RIGHT TO A TRIAL BY JURY. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck.
If any portion of this PROVISION is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the PROVISION, except that in no event shall this PROVISION be amended or construed to permit arbitration on behalf of a group or class. This PROVISION shall inure to the benefit of and be binding on You and Us and this Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Plan.
You and We understand and agree that because of this PROVISION neither You nor Us 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.
NJ only-Cancellation: Nothing in this Plan shall exclude or limit Our liability for Our intentional, willful, or reckless conduct or gross negligence. Unless otherwise provided in this New Jersey Specific Requirements section, all provisions of the Plan are enforceable and applicable in New Jersey. We reserve the right to cancel this Plan and without notice for nonpayment of the Price, material misrepresentation or omission by You, or a substantial breach of contractual obligations by You related to the Product or its use.
NY only-Free Look: You may, within 20 calendar days of mailing of the Plan, or 10 days if delivered at time of sale, reject and return this Plan. Upon return of the Plan within the applicable time period, if no claims have been made, You will be refunded the full Plan Price. A 10% penalty per month will be added to a refund that is not paid or credited within 30 days after the return of the Plan. This provision applies only to the original purchaser.