Sears Purchase Protect

Terms & Conditions for Sears Purchase Protect

This is not a contract of insurance. Unless otherwise regulated under state law, the contents under this [Agreement] should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637. This [Sears PurchaseProtect] plan is a legal contract (referred to hereinafter as “Agreement” or “Plan”) between you the customer and the Obligor.  Throughout this Agreement the terms “Obligor”, “we,” “us,” and “our” refer to Federal Warranty Service Corporation, [P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578] in all states except in Florida where the Obligor is United Service Protection, Inc., [P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578].  The terms “you” and “your” refer to the purchaser of this Plan.  The Administrator of this Agreement is Federal Warranty Service Corporation, [P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578] in all states except in Florida where the Administrator is United Service Protection, Inc., [P.O. Box 105689, Atlanta, GA 30348-5689, 1-877-881-8578].

COVERED PRODUCT.
The coverage provided by this Agreement applies only to the product for which you specifically purchased this Plan to cover, as shown on your Sears sales receipt.

1. ELIGIBILITY FOR COVERAGE. This Plan must be purchased at the same time as the purchase of the merchandise to be covered. There is no deductible for services under this Plan.

2. TERM. The term of this Agreement (“Term”) is three (3) years for Sears’ Craftsman and Kenmore products and two (2) years for all other products. The term begins at the end of the Sears Return Policy as shown on your receipt. This Plan will be fulfilled and the Term shall expire when a product reimbursement or product exchange is made after the beginning of the Term.  This Agreement is not renewable. IF THE TERM OF THIS AGREEMENT OVERLAPS WITH THE TERM OF YOUR MANUFACTURER'S WARRANTY, LOOK FIRST TO YOUR MANUFACTURER'S WARRANTY FOR COVERAGE.  THIS AGREEMENT EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR MANUFACTURER'S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR MANUFACTURER'S WARRANTY.

3. FULFILLMENT INSTRUCTIONS. You must keep your sales receipt.  It will be a required reference for store return, registration of your Plan, and making a claim. Coverage under this Plan does not begin until after the applicable deadline passes for returning your product to your local Sears store under Sears’ Return Policy (see your sales receipt for explanation of Sears Return Policy).  If your product fails prior to the commencement of coverage under this Plan, please return the product to your local Sears store for return or exchange in accordance with Sears’ Return Policy. If your Covered Product fails after the Term for which this plan begins (see below), then go online to www.searspurchaseprotect.com or call customer service at [ 1-800-573-1088] to initiate a claim.

If product failure occurs
Customer should:
Within the Sears store return policy as shown on your receipt Return the product to your local Sears store for exchange. Your Sears PurchaseProtect coverage will transfer to the replacement product.
After the Sears store return policy as shown on your receipt, but within Manufacturer’s Warranty Choose preferred option.

1. Follow manufacturer guidelines as stated in product owner’s manual

2. Contact www.searspurchaseprotect.com at any time to submit a claim and track the status of your claims. Or you may call [800-573-1088] Monday – Friday 8am to 9pm EST
After the Sears store return policy as shown on your receipt and after the manufacturer’s warranty expiration Contact www.searspurchaseprotect.com at any time to submit and track the status of your claims. Or you may call [800-573-1088] Monday – Friday 8am to 9pm EST

NON-BINDING ARBITRATION: Read the Following Arbitration Provision ("Provision") Carefully. It Limits Certain Of Your Rights, Including Your Right To Obtain Relief or Damages Through Court Action Prior to Engaging in Non-Binding Arbitration.

Disputes under this Agreement shall be subject to mandatory, non-binding arbitration. 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 Expedited Procedures of the Consumer Arbitration Rules (“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 1633 Broadway, 10th Floor, New York, NY 10019 or visiting www.adr.org.  We will advance to you all or part of the fees of the AAA and of the arbitrator.  Unless you and we agree otherwise, the arbitration will take place in the county and state where you live. 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 arbitration provision means that you give up your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your Claims. In the event this Arbitration 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.

OREGON CUSTOMERS. The following is added to 3. FULLFILLMENT INSTRUCTIONS: If an emergency occurs which requires a repair to be made at a time when the Administrator’s office is closed and prior authorization for the repair cannot be obtained, you should follow the claims procedures and contact the Administrator for claims instructions during normal business hours immediately following the emergency repairs.

SOUTH CAROLINA CUSTOMERS. The CANCELLATION AND REFUND provision is amended by adding the following: If we cancel this Agreement, we shall mail a written notice to you at your last known address contained in our records at least fifteen (15) days prior to cancellation by us. Prior notice is not required if the reason for cancellation is nonpayment of the Agreement price, a material misrepresentation by you to us, or a substantial breach of duties by you relating to the Covered Product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation. LIMITATIONS OF COVERAGE. THIS AGREEMENT DOES NOT COVER is amended to add pre-existing conditions. The following is added: NOTICE: In the event of a dispute with the Obligor of this Agreement and does not timely resolve such matters within sixty (60) days of proof of loss, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or (800) 768-3467.

TEXAS CUSTOMERS. The following is added to your Agreement: REGISTRATION: The Administrator’s registration number for Federal Warranty Service Corporation is 269. INSURANCE: The Obligations under the Agreement are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL 33157]. In the event any covered service is provided to you by us before the sixty-first (61st) day after the proof of loss, or if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Agreement is cancelled, you may apply directly to American Bankers Insurance Company of Florida. The CANCELLATION AND REFUND provision is amended by adding the following: We will pay a penalty of ten percent (10%) per month on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to us. This provision applies only to the original purchaser of the Agreement and is not transferable. If we cancel this Agreement, you will be provided with a written notice at least five (5) days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if this Agreement is canceled for nonpayment of the purchase price, a material misrepresentation by you to the obligor or the Administrator, or a substantial breach by you relating to the Covered Product or its use. The following is added to your Agreement: NOTICE: If you have complaints or questions regarding this Agreement, you may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, 1-512-463-6599 or 1-800-803-9202 (within Texas only). LIMITATIONS OF COVERAGE. THIS AGREEMENT DOES NOT COVER is amended to add pre-existing conditions.

UTAH CUSTOMERS. The following is added to 3. FULLFILLMENT INSTRUCTIONS If an emergency occurs which requires a repair to be made at a time when the Administrator’s office is closed and prior authorization for the repair cannot be obtained, you should follow the claims procedures and contact the Administrator for claims instructions during normal business hours immediately following the emergency repair. Notice and proof of loss must be provided as soon as reasonably possible. Failure to obtain prior authorization or submit repair orders and other documentation will not automatically invalidate your claim if you can demonstrate that it was not reasonably possible to obtain prior authorization or file the documents within such time period. The CANCELLATION AND REFUND provision is amended as follows: We can cancel this Agreement during the first sixty (60) days for any reason, by mailing a notice of cancellation at least thirty (30) days prior to the effective date of cancellation (ten (10) days for non-payment of the Agreement price. After sixty (60) days, we may cancel by mailing a cancellation notice at least thirty (30) days prior to the effective date of cancellation (10 days for non-payment of the Agreement price) for cancellations due to any of the following reasons: material misrepresentation; substantial change in the risk assumed, unless we should reasonably have foreseen the change or contemplated the risk when entering into the Agreement; or substantial breach of contractual duties, conditions, or warranties. The following is added: REGULATION: Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. LIMITATIONS OF COVERAGE. THIS AGREEMENT DOES NOT COVER is amended to add pre-existing conditions.

VERMONT CUSTOMERS. The following is added to your Agreement: FREE LOOK: You may return the Agreement within twenty (20) calendar days of receipt of the Agreement. If no claim has been made under the Agreement, the Administrator shall refund to you the full purchase price. The right to return this Agreement within twenty (20) days applies to the original purchaser of this Agreement.

VIRGINIA CUSTOMERS. The following is added to your Agreement: If any promise made in the Agreement has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.

WASHINGTON CUSTOMERS. The following is added to your Agreement: FREE LOOK: You may, within twenty (20) calendar days of the date mailed or within ten (10) days of delivery of the Agreement, reject and return the Agreement. Upon return of the Agreement within the applicable time period, if no claim has been made under the Agreement, Agreement is void and the obligor shall refund you the full purchase price. A ten percent (10%) penalty per month shall be added to a refund of the purchase price that is not paid or credited within thirty (30) days after return of the Agreement. The right to reject and return this Agreement is non-transferable and applies to the original purchaser of this Agreement. The following is added to the ARBITRATION: Nothing in the section headed ‘Arbitration’ shall invalidate Washington state law(s) which would otherwise be applicable to any arbitration proceeding arising from this Agreement. All arbitrations will be held in the county in which you maintain your permanent residence. The following is added to your Agreement: INSURANCE: Obligations under this Agreement are backed by the full faith and credit of the obligor. The CANCELLATION AND REFUND provision is amended by adding the following: If we cancel your Agreement, we will mail written notice to you at your last known address within twenty-one (21) days of cancellation stating the effective date of cancellation and the reasons. The following is added to 3. FULLFILLMENT INSTRUCTIONS: If an emergency occurs which requires a repair to be made at a time when the Administrator’s office is closed and prior authorization for the repair cannot be obtained, you should follow the claims procedures and contact the Administrator for claims instructions during normal business hours immediately following the emergency repairs. LIMITATIONS OF COVERAGE. THIS AGREEMENT DOES NOT COVER is amended to add pre-existing conditions.

WISCONSIN CUSTOMERS. The following is added to your Agreement: REGULATION: THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. The reference to this Agreement being interpreted and understood within the meaning of a “service contract” in Public Law is deleted and replaced as follows: This Agreement is not a contract of insurance. This is a ‘service contract’ as regulated under Wisconsin Law and as referenced in the Federal Public Law 93-637. The following is added to your Agreement: INSURANCE: Obligations under this Agreement are insured under a service contract reimbursement policy issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL 33157]. If we do not provide, or reimburse or pay for, a service that is covered under a service contract within sixty (60) days after you provide proof of loss, or if we become insolvent or otherwise financially impaired, you may file a claim directly with American Bankers Insurance Company of Florida, [11222 Quail Roost Drive, Miami, FL 33157]. The following is added to your Agreement: FREE LOOK: You may return this Agreement within twenty (20) days of receipt or ten (10) days if delivered at the time of sale. If you return the Agreement within the applicable time period and no claim was made, the Agreement is void and the full Agreement price will be refunded to you. A ten percent (10%) penalty per month will be added to a refund that is not paid or credited within forty-five (45) days after return of the Agreement to us. The right to void this Agreement is not transferable and applies only to the original purchaser. The CANCELLATION AND REFUND provision is provision is deleted and replaced with the following: You may cancel this Agreement at any time for any reason by bringing this Agreement together with your sales receipt to any Sears retail store in the United States or contact [1-800-573-1088] for additional details on how to cancel. We may cancel this Agreement at any time for (1) nonpayment of the purchase price; (2) fraud or material misrepresentation; or (3) substantial breach of duties by you. We will send you written notice, with the cancellation date and the reason for cancellation, to your last known mailing or email address (depending on your chosen form of communication) at least five (5) days before cancellation. If this Agreement is cancelled within the Sears Store Return policy or prior to the expiration of the manufacturer’s warranty for the Covered Product, excluding warranties covering component parts of the Covered Product, we will refund the purchase price you paid for this Agreement. If this Agreement is cancelled thereafter during the Term of coverage, we will refund the purchase price allocable to the remainder of the term prorated on a monthly basis for the Covered Product. Any refund will be made in the same form as the original payment of this Agreement. UNDER NO CIRCUMSTANCES WILL YOUR REFUND EXCEED THE VALUE OF THE PURCHASE PRICE YOU PAID FOR THIS AGREEMENT.

WYOMING CUSTOMERS. The CANCELLATION AND REFUND provision is amended by adding the following: We will mail a written notice to your last known address at least ten (10) days prior to cancellation. Prior notice is not required if the reason for cancellation is nonpayment, a material misrepresentation by you or a substantial breach of duties by you relating to the Covered Product or its use. LIMITATIONS OF COVERAGE. THIS AGREEMENT DOES NOT COVER is amended to add pre-existing conditions.