SEARS FINE JEWELRY CARE AGREEMENT
TERMS AND CONDITIONS

This Sears Fine Jewelry Care Agreement ("Agreement") is a legal contract that describes the terms and conditions of the Care Plan that you have purchased. Please retain this document along with your inspection and sales receipts as proof of ownership as they are part of the Agreement and may be needed in order to obtain service. Your receipt indicates the type of Plan that you purchased.

The Obligor under this Agreement is Sears, Roebuck and Co. ("Sears") in all states except Wisconsin, Florida and Puerto Rico. The Obligor in Wisconsin is Sears Protection Company ("SPC"), the Obligor in Florida is Sears Protection Company (Florida), L.L.C. and the Provider in Puerto Rico is Sears Protection Company (PR), Inc. Obligations under this Agreement are backed by the full faith and credit of the Obligor/Provider.

This is not a contract of insurance.

The term "Covered Product" refers to the item(s) that this Agreement was purchased to cover. The term "Care Plan" refers to the Two-Year Watch & Jewelry Care Plan and/or the Lifetime Jewelry Care Plan. The terms "you" and "your" refer to the contract holder. The terms "we", "us" and "our" refer to the Obligor in the continental United States and the Provider in Puerto Rico. The term M&G refers to Sears' National Authorized Repair Provider.

The following sections apply to all Care Plans under this Agreement. Please read it carefully to understand your rights and our obligations under this contract. Certain limitations apply. See Section 7 for coverage exclusions. There may be additional benefits or limitations depending on the type of Care Plan that you purchased. Please refer to the section of this Agreement that is applicable to your type of Plan. Only one (1) item may be covered under any Plan. Please refer to the state specific section at the end of this contract as the laws of your state may provide you with additional rights.

  1. WHAT IS COVERED: We will cover the cost of parts and services that are needed to maintain the proper condition of your Covered Product due to defects in materials and/or workmanship including repairs due to normal wear and tear. When necessary, we will repair, replace or reimburse you for the Covered Product, at our discretion. Non-original manufacturer's parts may be used for repair of the Covered Product if the manufacturer's parts are unavailable or more costly. This Agreement also provides for two (2) free ring sizings during the term of the Agreement.
  2. EXPLAINATION OF COVERAGE: For any single claim, the limit of coverage under this Agreement is the lesser of the cost of (1) the authorized repairs, (2) reimbursement for repairs authorized by M&G in advance of the repair (3) replacement of the Covered Product with an item of like kind and quality that performs to the factory specifications of the original Covered Product, or (4) the fair market value of the Covered Product as determined by us, not to exceed the original purchase price that you paid for the Covered Product as indicated on the sales receipt, including tax. In the event that the total of all authorized repairs exceeds the purchase price paid for the Covered Product or we replace the item, this Agreement will be considered fulfilled and will end. Reimbursements will be provided in the form of a Sears gift card. In some instances you may be asked to ship your Covered Product in a postage paid envelope to be serviced. At our discretion, we may require you to return the Covered Product as a condition to receiving a replacement item or reimbursement.
  3. REQUIRED MAINTENANCE: You must perform all maintenance required by the original manufacturer's warranty
  4. REQUIRED INSPECTION: An annual inspection is required for fine jewelry with stones. You must bring your item to Sears for your free of charge inspection at least once within every twelve (12) month period during the term of this Care Plan. Each inspection will be validated for proof of compliance. Failure to obtain the required annual inspection will void this Care Plan. During each inspection, Sears will, in its sole discretion and free of charge, repair or replace the product with a comparable product if necessary to maintain the integrity of the product.
  5. TO OBTAIN SERVICE: If your Covered Product needs repair bring it into any Sears retail store along with your Agreement and we will process your claim on your behalf. Unauthorized repairs may not be covered.
  6. DEDUCTIBLE: There is no deductible required to obtain service under this Agreement.
  7. THIS AGREEMENT DOES NOT COVER:
    • Any service performed outside of the United States or Puerto Rico.
    • Coverage for damages or malfunctions due to causes beyond our control, including but not limited to, accidental damage, misuse, abuse, failure to follow the manufacturer's instructions, vandalism, theft, rust or corrosion, loss or damage due to acts of nature such as earthquakes, tornadoes, hurricanes and floods.
    • Inherent defects that are the responsibility of the manufacturer.
    • Flaws in gemstones.
    • Loss of diamonds, gemstones, or any other parts of the Covered Product unless such loss was caused by a defect in workmanship and/or materials, without any undue stress or damage.
    • Introduction of foreign objects into the product, tampering with prongs, bezels or other elements designed to secure diamonds and gemstones, unauthorized modifications or alterations.
    • Unauthorized repairs or parts made by anyone other than a Sears authorized repair provider.
    • Damage or loss resulting from the failure to obtain inspections required by the manufacturer's or retailer's warranty.
    • Preventative maintenance or inspection on watches.
    • Water damage if used under conditions which exceed the watch manufacturer's water resistance guidelines.
    • Parts normally designed to be replaced periodically by you or consumed during the life of the product such as watch batteries.
    • Products with removed or altered serial numbers.
    • Accessories used in conjunction with a Covered Product.
    • Cosmetic damage including scratches, peeling or dents that do not impede the mechanical functionality of the Covered Product.
  8. CANCELLATION: You may cancel this Agreement at anytime for any reason by bringing your Care Plan along with the original receipt back to any Sears Retail Store. See the cancellation refund calculation table below.
    Lifetime Care Plan & Cancellation & Refund
    Time since purchase Within 30 days 31 days - 1 year 2 years 3 years 4 years 5 years
    Refund Calculation 100% of Original Care Plan Price Original Care Plan Price x 0.80 Original Care Plan Price x 0.60 Original Care Plan Price x 0.40 Original Care Plan Price x 0.20 Original Care Plan Price x 0.10
    2 Year Care Plan & Cancellation & Refund
    Time since purchase Within 30 days 2-6 months 7-12 months 13-18 months 19-24 months
    Refund Calculation 100% of Original Care Plan Price Original Care Plan Price x 0.75 Original Care Plan Price x 0.50 Original Care Plan Price x 0.25 Original Care Plan Price x 0.10
    This Agreement may be cancelled by us for reasons of fraud or misrepresentation. Unauthorized repair or replacement of the Covered Product may result in the cancellation of this Plan. Refunds will be processed using the same payment method as was used at time of purchase. Some refunds may be in the form of a Sears gift card. UNDER NO CIRCUMSTANCES WHATSOEVER WILL YOUR REFUND EXCEED THE VALUE OF THE ORIGINAL CARE PLAN PRICE YOU PAID FOR THIS AGREEMENT.
  9. LIMITATIONS OF LIABILITY: Except as may otherwise be required by law, we and our agents, contractors, or licensees are not liable for any incidental or consequential damages, including but not limited to, any emotional, sentimental, heirloom or any other similar value attached to the Covered Product, or loss of use during the period in which the Covered Product is at a repair facility or otherwise awaiting parts. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE OBLIGATIONS OF OBLIGOR/PROVIDER UNDER THIS AGREEMENT TO YOU FOR MONETARY RECOVERY EXCEED THE ORIGINAL CARE PLAN PRICE PAID FOR THE COVERED PRODUCT(S) UNDER THIS AGREEMENT.
  10. TRANSFERABILITY: This Agreement is transferable from the original purchaser only if given as a gift. To transfer this Agreement contact M&G at 1-877-989-1117. You will need to provide the name, address and phone number of the person to whom the Agreement is being transferred.
  11. OBLIGOR/PROVIDER: The Obligor under this Agreement is Sears, Roebuck and Co. ("Sears") a New York corporation located at 3333 Beverly Road, Hoffman Estates, IL 60179 in all states except Wisconsin and Florida. The Obligor in Wisconsin is Sears Protection Company ("SPC") an Illinois corporation and a wholly-owned subsidiary of Sears located at 3333 Beverly Road, Hoffman Estates, IL 60179. The Obligor in Florida is Sears Protection Company (Florida), L.L.C. a Florida corporation and wholly owned subsidiary of SPC located at 3333 Beverly Road, Hoffman Estates, IL 60179. The Provider in Puerto Rico is Sears Protection Company (PR), Inc., 9410 Los Romeros Avenue, San Juan, PR 00925.
  12. REPAIR PROVIDER: M&G Jewelers, Inc. located at 10823 Edison Court, Rancho Cucamonga, CA 91730. Customer Service phone number 1-877-989-1117.
In addition to the provisions above, the following Care Plans also include the following coverage benefits and limitations:
TWO-YEAR WATCH & JEWELRY CARE PLAN
  • LENGTH OF COVERAGE: The term and coverage under this Plan begins on the date of purchase and continues for a period of two (2) years unless replacement of the Covered Product is provided, at which time this Agreement will be considered fulfilled and will end.
  • RENEWAL: Neither party is obligated to renew this Plan beyond the expiration date of the Term. Upon renewal the term and coverage starts on the date the original Plan expires or the date you purchase the renewal plan, whichever occurs later, and continues for a period of two (2) years. To renew this Plan you must present the Covered Product for inspection at the time of renewal. In the event your Covered Product is being serviced by an authorized service center when the Plan expires, the term of the Plan will be extended until the covered repair has been completed. Prices may change upon renewal. By purchasing this Care Plan, you agree that Sears may call you to notify you of renewal and upgrade plans.
LIFETIME JEWELRY CARE PLAN
  • LENGTH OF COVERAGE: The term and coverage under this Plan begins on the date of purchase and continues for the life of the contract holder unless replacement of the Covered Product is provided, at which time this Agreement will be considered fulfilled and will end.
  • RENEWAL: This Plan is not renewable.
STATE SPECIFIC EXCEPTIONS
  • ALABAMA CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund. This Agreement will not charge a deductible for services rendered.
  • ARKANSAS CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the "Cancellation and Refunds" provision above, Arkansas residents will receive fifteen (15) days prior written notice of cancellation for reasons other than for nonpayment, material misrepresentation or substantial breach of duties. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.
  • CALIFORNIA CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.
  • FLORIDA CUSTOMERS. Rates are not subject to regulation by the Office of Insurance Regulation.
  • GEORGIA CUSTOMERS. Notwithstanding the CANCELLATION AND REFUNDS section, we will only cancel this Agreement for fraud, material misrepresentation or nonpayment of amounts due under this Agreement. Refunds provided due to cancellations made after thirty (30) days (under both plans) will be issued on no less than a pro-rata basis. We will mail to you a written notice at least ten (10) days prior to the date of cancellation for nonpayment, or at least thirty (30) days prior to the date of cancellation for fraud or material misrepresentation. Nothing contained in any provision elsewhere in this Agreement will affect your right to make a claim directly against Safeco Insurance Company of America if we fail to pay any valid claim within sixty (60) days. The claim should be sent to Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185 or (847) 490-2320.
  • INDIANA CUSTOMERS. This Agreement is not an insurance policy and is not regulated by the Departments of Insurance.
  • IOWA CUSTOMERS. Obligor is subject to regulation by the insurance division of the Iowa Department of Commerce. Complaints that are not settled by us may be sent to the insurance division.
  • KENTUCKY CUSTOMERS. If we fail to pay any valid claim within sixty (60) days of proof of loss, you may make a claim directly against Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185.
  • MINNESOTA CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the "Cancellation and Refunds" provision above, Minnesota residents will receive five (5) days prior written notice of cancellation if for reason of nonpayment, material misrepresentation or substantial breach of duties, or at least fifteen (15) days for all other reasons. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.
  • NEVADA CUSTOMERS. The cancellation of this Agreement by us is not effective until at least fifteen (15) days after the notice of cancellation is mailed to you. A 10% penalty per month shall be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.
  • NEW HAMPSHIRE CUSTOMERS. In the event that you do not receive satisfaction under this Agreement, you may contact the New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord, NH 03301; telephone 1-800-852-3416; e-mail consumerinquiries@ins.nh.gov.
  • NEW MEXICO CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.
  • NEW YORK CUSTOMERS. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.
  • NORTH CAROLINA CUSTOMERS. Upon cancellation a reasonable administrative fee not to exceed 10% of the pro rata refund may be charged. Obligor must notify the consumer before the purchase of this Agreement that its purchase is not necessary in order to purchase or obtain financing of the Covered Product.
  • PUERTO RICO CUSTOMERS. A 10% penalty per month shall be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for refund.
  • SOUTH CAROLINA CUSTOMERS. Any questions concerning the regulation of us under this Agreement or any unresolved complaints (within sixty (60) days of proof of loss) may be directed to the South Carolina Department of Insurance - P.O. Box 100105 Columbia, South Carolina 29202-3105 or (800) 758-3467. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days after the cancellation of the Agreement to the provider.
  • TEXAS CUSTOMERS. Any questions concerning the regulation of us under this Agreement or any unresolved complaints may be directed to the Texas Department of Licensing and Regulations - P.O. Box 12157 Austin, Texas 78711 or (512) 463-6599.
  • UTAH CUSTOMERS. Coverage under this Agreement is not guaranteed by the Property and Casualty Guaranty Association. In the event of cancellation of this Agreement by Obligor in accordance with the "Cancellation and Refunds" provisions above, Utah residents will receive thirty (30) day prior written notice of cancellation. There is no deductible applied for the performance of this Agreement.
  • VIRGINIA CUSTOMERS. If we fail to pay any valid claim within sixty (60) days of proof of loss, you may make a claim directly against Safeco Insurance Company of America, Safeco Plaza, Seattle, WA 98185.
  • WASHINGTON CUSTOMERS. In the event of cancellation of this Agreement by us in accordance with the "Cancellation and Refunds" provision above, Washington residents will receive twenty-one (21) days prior written notice of cancellation for reasons other than for nonpayment, material misrepresentation or substantial breach of duties. A 10% penalty per month will be added to any refund that we fail to make within forty-five (45) days of your cancellation of this Agreement and request for a refund.
  • WEST VIRGINIA CUSTOMERS. We will mail a written notice to the service contract holder 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 This Agreement is not an insurance policy and is not regulated by the Departments of Insurance.
  • WYOMING CUSTOMERS. We will mail a written notice to the service contract holder 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. A 10% penalty per month will be added to any refund that we fail to make within thirty (30) days of your cancellation of this Agreement and request for a refund.