_556_v_BM-1_1120

BARRY RAJACIC
4062 ORCHARD HIGHWAY
MANISTEE MI 49660

Order No: NA326120 Service Plan Price: Refer to your order confirmation
Dealer: Back Market Unit Covered: Refer to your order confirmation
Sales Rep: W736146 Unit Covered Price: Refer to your order confirmation
Purchase Date: 2023-03-14
Plan Duration: 13 MONTHS FROM UNIT PURCHASE DATE

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license or I.D., as a condition to receiving service or replacement
or reimbursement under this Plan. All claims must be reported
within thirty (30) days after expiration of this Plan.
No Lemon Policy: During the term of this Plan, after three (3)
service repairs for the same defect have been completed on an
individual covered product under this Plan, and that individual
product requires a fourth (4th) repair, as determined by us, we will,
at our discretion, provide you with a replacement product, not to
exceed the original purchase price of the product excluding sales
tax, or, at our discretion, provide you with a retailer’s gift card or
check with a value equivalent to the original purchase price of the
product, excluding sales tax. Technological advances may result in
a replacement product with a lower selling price than the original
product. Preventative maintenance checks, cleanings, product
diagnosis and customer education are not considered repairs for
the purposes of the No Lemon Policy. NOTE: The No Lemon Policy is
not applicable to: (i) repairs performed while the product is under
the retailer’s limited warranty; or (ii) breakdowns caused by ADH;
Limit of Liability: For any single claim, the limit of liability under
this Plan is the least of the cost of: (1) authorized repairs; (2) a
replacement product; (3) reimbursement for authorized repairs or
replacement; or (4) the price you paid for the product, excluding sales
tax, as indicated on your sales receipt or order confirmation email. The
total liability under this Plan for any single product is: (a) replacement
of the product with a replacement product; (b) reimbursement of the
purchase price you paid for the product, excluding sales tax; or (c) the
total of all authorized repairs up to the original purchase price of the
product, excluding sales tax. In the event that we have met any of the
above conditions (a), (b) or (c) of the total liability we will have fulfilled
all obligations owed under this Plan and this Plan will terminate.
Service Fee: There is no service fee for repairs or replacements of
all products other than mobile phones provided under this Plan.
You agree to pay the service fee, plus applicable sales taxes, to us
prior to the repair or replacement of the mobile phone. The service
fee must be paid and received in advance of the service being
provided and may be paid through a valid credit card or branded
debit card. The following service fee(s) apply:
Mobile Phone Replacement or
Purchase Price Repair Reimbursement
$0-$149 0 0
$150-$199 $10 $29
$200-$249 $19 $39
$250-$399 $29 $49
$400-$699 $39 $99
$700+ $49 $129
Mobile Phone Excluded Failures: In the event we replace your
mobile phone and upon return of your claimed product we determine
that your request for a replacement product was invalid under this
Plan, due to an excluded breakdown or due to the incorrect product
being returned, or in the event we resend a replacement product and
fail to receive the initial replacement product per our instructions,
we will charge an invalid claim fee of up to the purchase price you
paid for the product for which you made the invalid claim.
Free Transferability: This Plan may be transferred to a subsequent
owner of the product at no additional charge. To transfer to a
subsequent owner you may call 866-550-0733. Information
provided by you must include the Plan number, date of transfer,
new owner’s name, complete address and telephone number.
Retailer’s Responsibilities: Parts and services covered during the
retailer’s limited warranty period are the responsibility of the Retailer.
WHAT IS NOT COVERED:
(1) Breakdown caused by accidental damage from handling
(unless you purchased a portable product), insect infestation,
introduction of foreign objects, misuse, abuse, or intentional
physical damage;
(2) Service performed by unauthorized repair personnel;
(3) Parts intended for periodic replacement unless specified
in the What is Covered section above (for example: trimmer
line, antennas, cartridges, styluses, records, audio/video disks,
tapes, computer software or disks, print elements, external
power supplies, spark plugs, filters, plumbing, filters, knobs,
remotes, batteries, bags, belts, bulbs and/or lamps);
(4) Cosmetic damage, including scratches, peelings or dents
that do not impede the mechanical functionality of the item
(unless otherwise provided for above) and problems due to
improper installation;
(5) Breakdown resulting from Acts of God;
(6) Products with altered or missing serial numbers;
(7) Products that are not listed on this Plan;
(8) 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, except as
otherwise stated herein;
(9) “No Problem Found” diagnosis or breakdown caused by
failure to follow the manufacturer’s instructions;
(10) Any failures, parts and/or labor costs incurred that are
associated with a manufacturer’s recall, regardless of the
manufacturer’s ability to pay for such repairs;
(11) Pre-existing conditions;
(12) Service or replacement outside of the USA;
(13) Damages caused by third-party actions, fire, collision,
vandalism or theft;
(14) Liability or damage to property, or injury or death to any
person or pet arising out of the operation, maintenance or use
of the product;
(15) Cost of preventative maintenance (unless you purchased
a Plan which includes maintenance) and breakdown caused by
improper preventative maintenance;
(16) Products with safety feature(s) removed, bypassed
disabled or altered;
(17) Any damage or loss to any data or operating system,
including damage or loss as a result of any repairs or
replacement under this Plan;
(18) Breakdown which is not reported within thirty (30) days
after expiration of this Plan;
(19) Breakdown resulting from war, invasion or act of foreign
enemy, hostilities, civil war, rebellion, riot, strike;
(20) Products used for commercial purposes
(21) Products used in multi-user organizations, public rental or
communal use in multi-family housing; and
(22) Inherent defects that are the responsibility of the
manufacturer or retailer.
Renewal: This Plan may be renewed at customer’s request and
at our discretion.
Cancellation: You can cancel this Plan at any time for any reason
by surrendering it to the retailer from which you purchased this
Plan during their store return policy, or at any time by emailing
DepartmentC@asurion.com or by writing the administrator at P.O.
Box 1818, Sterling, VA 20167. In the event you cancel this Plan within
thirty (30) days of receipt of this Plan, you will receive a full refund
of any payments made by you under this Plan, less the cost of any
claims that have been paid or repairs that have been made. In the
event you cancel this Plan after thirty (30) days of receipt of this Plan,
you will receive a refund equal to one hundred percent (100%) of
the pro-rata unearned portion of the price paid for the Plan, less an
administrative fee not to exceed ten percent (10%) of the price of this
Plan or twenty-five dollars ($25), whichever is less, and less the cost
of any claims that have been paid or repairs that have been made.
This Plan may be cancelled by us or the administrator for any reason
by notifying you in writing at least thirty (30) days prior to the effective
date of cancellation, which notice will state the effective date and
reason for cancellation. If we or the administrator cancel this Plan,
you will receive a refund of one hundred percent (100%) of the pro-
rata unearned portion of the Plan price, less the cost of any claims
which have been paid or repairs that have been made. In AL, AR, CA,
CO, DC, HI, MA, MD, ME, MN, MO, NJ, NM, NV, NY, SC, TX, WA, WI, WY
and any other jurisdictions as required by law, any refund owed and
not paid or credited within thirty (30) days of the cancellation effective
date will include a ten percent (10%) penalty per month.
Force Majeure: We have no responsibility for delays or failures due
to acts of God, fire, flood, explosion, war, strike, embargo, acts of the
government, military authority, or the elements, or other causes beyond
our control, and in such event, we may cancel this Plan immediately.
Insurance Securing this Plan: This Plan is not an insurance
policy, however, our obligations under this Plan are insured under
an insurance policy issued by Continental Casualty Company, 151
N. Franklin, Chicago, IL 60606. If you have filed a claim under
this Plan and we fail to pay or provide service within sixty (60)
days, or if we become insolvent or otherwise financially impaired,
you may contact Continental Casualty Company directly at 1-800-
831-4262 to report your claim.
ARBITRATION OR SMALL CLAIMS COURT AGREEMENT: Please read
this section carefully. It affects your rights. For the purposes of this
arbitration or small claims court agreement (referred to as the “A.A”)
only, references to “we” and “us” also include (1) the respective
parents, subsidiaries, affiliates, agents, employees, successors and
assigns of the Obligor and administrator of this Plan (as defined
above), and (2) the Retailer (as defined above) and its wholly owned
subsidiaries, agents, employees, successors and assigns. Most of your
concerns about this Plan can be addressed simply by contacting us
at 1-866-856-3882. In the event we cannot resolve any dispute with
you, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH
BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF
THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE
TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT
TO PARTICIPATE IN CLASS ACTIONS OR OTHER REPRESENTATIVE
PROCEEDINGS.
1. THIS A.A.:
a. Survives termination of this Plan.
b. Is governed by the Federal Arbitration Act.
c. Covers any dispute you have with us concerning or
related, directly or indirectly, to this Plan.
d. Does not prevent you from bringing an individual
action against us in small claims court instead of
pursuing arbitration.
e. Does not prevent you from informing any government
agency of your dispute. They may be able to seek relief
on your behalf.
2. ARBITRATION PROCESS:
a. How to start arbitration.
• Send a written Notice of Claim by certified mail to
Legal Department, P.O. Box 110656, Nashville, TN
37122-0656.
• Describe the dispute and relief sought in the Notice.
• If the dispute is not resolved within 30 days of
receipt of the Notice, you may start an arbitration
with the American Arbitration Association
(“AAA”). You can contact the AAA and obtain a
free copy of their rules and forms at www.adr.org
or 1-800-778-7879.
b. Arbitration will be conducted by the AAA following the
Consumer Arbitration Rules (“Rules”). A court may decide
the enforceability of this A.A. The arbitrator will decide all
other issues. The arbitrator is bound by this A.A.
c. Any hearing will take place in the county or parish of
your mailing address unless you and we agree to a
different location.
3. FEES:
a. In most cases we will pay all filing, administration and
arbitrator fees. If the arbitrator finds that your dispute
was filed to harass or is frivolous, the Rules govern
payment of the fees.
b. We will reimburse you for a filing fee paid to the AAA. If you
are unable to pay a filing fee, we will pay it if you send us a
written request.
4. ARBITRATION DECISION:
a. You and we agree not to disclose any settlement offers
to the arbitrator before the arbitrator issues a decision.
b. If the arbitrator finds in your favor and the damages
awarded are greater than the last settlement we
offered, we will do the following.
• We will pay you the greater of the damages or $7,500.
• We will also pay your reasonable attorney’s fees
and arbitration expenses. You may not recover
duplicate awards of fees and expenses.
c. We waive any right we have to recover attorney’s fees
and expenses from you if we win the arbitration.
d. If you seek declaratory or injunctive relief, it can only
be awarded as necessary to provide you relief.
YOU
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Sterling,VA VAVA20167-1340
20167-1340
20167-1340
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556v.v.v.BM-1
BM-1
BM-1(11/20)
(11/20)
(11/20) COE-872258-22
COE-872258-22
COE-872258-22 COV54783
COV54783
COV54783
COV54831