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Wireless Protection Program Terms &
Conditions
Extended
Service Contract
Various provisions in this Extended Service Contract
(Contract) restrict coverage. Read the entire Contract
carefully to determine rights, duties and what is and is not
covered, This is the complete Contract, If you have
questions regarding this Contract we will be pleased to
answer them.
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Equipment
failure evaluations performed by the Communication
Service Provider, Dealer and/or the manufacturer must be
confirmed prior to making the claim for product
replacement.
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All claim
repairs or replacements must be authorized by the
Administrator before repairs or replacements are made.
All unauthorized claim replacements will be denied. (See
claims section)
COVERAGE TERM
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The Contract
term is monthly, from the inception date and subject to
the Waiting Period and the continuous payment of the
monthly service fee, unless the Administrator notifies
You that your application has been denied. No claim can
be filed within the Waiting Period.
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This Contract
will renew automatically, without interruption, at the
expiration of the initial term and each subsequent
monthly term thereafter provided that the monthly
service fee is paid each month.
DEDUCTIBLE
A non-refundable twenty-five ($25) deductible will be
collected for each authorized claim for the Covered Product
under one hundred and twenty-five dollars ($125). A
non-refundable fifty dollar ($50) deductible will be
collected for each authorized claim for the Covered Product
between one hundred and twenty-five dollars ($125) and three
hundred dollars ($300). A non-refundable seventy-five dollar
($75) deductible will be collected for each authorized claim
for the Covered Product over three hundred dollars ($300) or
any type of Personal Digital Assistants (PDAs). An
additional twenty-five dollars ($25) fee will be charged to
the Contract Holder if a claim is filed within the first
ninety (90) days. This Contract is not transferable.
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Coverage
In return for Your payment of the monthly service fee,
subject to all of the terms and conditions of this
Contract, We will replace the Covered Product due to a
Loss not covered under the manufacturer’s warranty,
unless replacement is precluded pursuant to Section III,
Exclusions below.
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Definitions as used in this Contract:
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“Administrator”
means Heritage Administrative Services, appointed to
administer the Wireless Protection Program.
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“Authorized
Service Facility,” means the location or locations
that are registered and serve as a repair or
replacement facility for the Administrator.
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“Claim
Center” means the company appointed to adjust the
claims.
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“Communication
Service Provider” means the provider of the wireless
telephone service for Your Covered Product.
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“Covered
Product” as used in this Contract means wireless
telephones, Personal Digital Assistants (PDAs) and
related standard equipment owned by You and actively
registered on a Communication Service Provider’s
wireless network. Covered Product is limited to one
telephone, one standard battery and one standard
home charger.
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“Contract
Holder” means the customer of the Dealer for whom
the Administrator, has on file, a complete
description of the Covered Product and who has,
before the date of the Failure in question, paid all
applicable fees payable with respect of the Covered
Product.
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“Failure”
means Mechanical or Electrical Failure of Covered
Product to operate due to a faulty part or
workmanship when operated according to the
manufacturer’s instructions and liquid damage.
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“Loss”
means loss of usage, including but not limited to,
Failure.
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“Pollutants”
means any solid, liquid, gaseous, or thermal
irritant or contaminant including smoke, vapor,
soot, fumes, acid, chemicals, artificially produced
electric fields, magnetic fields, electromagnetic
field, sound waves, microwaves, all artificially
produced ionizing or non-ionizing radiation and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
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“Waiting
Period,” means the thirty-day (30) period that
begins on the Contract inception date. The thirty
(30) day waiting period is not applicable to any new
activations or upgrades that include a new cell
phone purchase.
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“We”,
“Us” and “Our” means the Obligor under this
Contract, Heritage Administrative Services.
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“You”
and “Your” means the Contract Holder.
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Exclusions
We will not
pay for Loss caused directly or indirectly by any of the
following. Such Loss is excluded regardless of any other
cause or event that contributes concurrently or in any
sequence to the Loss.
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Nuclear
Hazard, meaning any weapon employing atomic fission
or fusion; or nuclear reaction or radiation or
radioactive contamination from any other cause.
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War, including undeclared or civil war; warlike
action by a military force, including action in
hindering or defending against an actual or expected
attack, by any government, sovereign or other
authority using military personnel or other agents;
or insurrection, rebellions, terrorism, revolution,
usurped power of action taken by government
authority in hindering or defending against any of
these.
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Governmental action, meaning seizure or
destruction of property by order of governmental
authority.
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Indirect Loss, meaning any delay, failure of
market, failure of use or any other consequential
Loss, interruption of business or inconvenience; an
increase of Loss caused by or resulting from the
delay in replacing Covered Product due to the
interference at the location of repair or
replacement by strikers, other persons or any other
cause.
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Loss due to acts caused by or resulting from
rodents, insects, vermin or other animals.
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Loss due to the intentional parting of Covered
product by You or anyone entrusted with the
property.
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Failure due to obsolescence, including
technological obsolescence of the Covered Product.
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Intentional, dishonest, fraudulent or criminal
acts by You, any of Your authorized representatives,
anyone You entrust with the property and any of
their family members, or anyone else with an
interest in the property for any purpose, acting
alone or in collusion with others.
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Failure caused by cosmetic change (custom
faceplates) or change or enhancement in color,
texture, finish, expansion, contraction, or any
cosmetic damage of Covered product however caused,
including, but not limited to, scratches, marring,
and cracked housing or casing that occur to Covered
Product that does not affect the mechanical or
electrical function of the Covered Product.
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Failure resulting from faulty repair, adjusting,
installation, servicing, or maintenance.
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The discharge, dispersal, seepage, migration,
release or escape of Pollutants.
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Unauthorized repair or replacement.
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Preventative maintenance or preferential
adjustments.
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Use of the Covered Product in a manner for which
it was not designed or intended by the manufacturer,
or failure to follow the manufacturer’s
installation, operation or maintenance instructions.
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Error or omission in design, programming, system
configuration, faulty construction, or any original
defect in any Covered Product, or recall by the
manufacturer.
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Loss to batteries (unless damaged as part of
wireless telephone Loss), antennas, external housing
or casings that do not affect the mechanical or
electrical function of Covered Product.
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Covered Product whose Serial Number, IMEI, HEX or
ESN has been altered, defaced or removed.
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Failure due to normal wear and tear, gradual
deterioration, inherent vice or latent defects.
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Loss during the Waiting Period or arising out of
an occurrence during the Waiting Period.
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Contraband or property in the course of illegal
transportation or trade.
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Any antenna or wiring that is attached to, or
protrudes from, or is on the exterior of any vehicle
or watercraft.
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Property in transit to You from a manufacturer or
seller that is not the Authorized Service Facility.
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Any accessories.
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Loss that are recoverable under the
manufacturer’s warranty.
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Loss that occurs during a period of suspension of
service from the Communication Service Provider
(other than a suspension related to Your reporting
obligations under this Contract) until Your account
with the Communication Service Provider is brought
to active status.
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Loss due to the Communications Service Provider’s
inability to provide adequate service for wireless
telephone use.
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Covered Products not readily available in the
United States through Communication Service
Providers (overseas unlocked phones).
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Covered Product exchanges that are not
registered with the Administrator.
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Non-payment of Your monthly service fee.
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Loss occurring before or after the Contract
Period.
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Customer misuse and abuse.
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Cancellations
Administrator may
cancel this Contract at any time if it is determined that
You or Your equipment does not qualify, by mailing or
delivering written notice of cancellation, to You at the
last mailing address known to them. You may cancel this
Contract within the first fifteen (15) days following the
Contract inception date, Any monthly service fee not paid
within the proper payment cycle will result in automatic
cancellation of this Contract.
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Limits of Liability
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The Claim Center will not pay more than the
replacement value of the Covered Product, not to
exceed one thousand dollars ($1000), less the
applicable deductible, for replacement due to Loss
or damage to the Covered Product for any one
enrolled Contract Holder.
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A maximum of 2 (two) replacements for Loss will
be allowed per Covered Product. More than 2 (two)
claim occurrences per 12 (twelve) month period will
cause cancellation from the Program.
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This Contract will be automatically renewed if
the Covered Product is replaced. The monthly service
fee billing will continue and a new waiting period
will begin on the date the Covered Product is
replaced.
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Territory
The coverage territory is the United States and a
Loss will be adjusted under U.S. currency at the
time of the settlement.
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Subrogation
If any person or organization to or for whom the
Administrator makes payment under this Contract has
rights to recover damages from another, those rights
are transferred to the Administrator. That person or
organization must do everything necessary to secure
the Administrator’s rights and must do nothing after
a Failure to impair them. Any recovery or salvage on
a Loss will accrue, entirely to the Administrator’s
benefit, until the sum paid by the Administrator has
been made up. Upon request from the Administrator,
You will return to the Claim Center any damaged
equipment.
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Claims
It is intended that the Claims Center’s right to
adjudicate every claim, which is to verify that the
claim is within the Contract term, coverage cost,
has not been preempted. Coverage for any claim that
has not been pre-approved in accordance with the
provisions, terms and conditions for this Contract
will be denied.
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Equipment failure evaluations performed by the
Communication Service Provider, Dealer and/or
manufacturer must be confirmed prior to making Your
claim for product replacement.
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Have your Contract and your serial number of the
Covered Product available.
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Contact the Claim Center at
866-653-9792.
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If requested, You must permit the Claim Center to
inspect the property and records proving Loss and
must cooperate in the investigation of such claim.
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In the event of a covered Loss, You may be
required to provide a copy of the original bill of
sale.
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If requested, You must permit the Claim Center to
question You, at such times as may be reasonably
required, about any matter relating to this coverage
or Your claim, including your books and records.
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If requested, You must be able to provide the
Communication Service Provider’s Account billing
information for the most recent three (3) months.
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You will do what is reasonably necessary to
minimize the Failure to protect the Covered Product
from any further damage.
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If a claim involves a violation of law or any
Loss of possession, You must promptly notify the law
enforcement agency with jurisdiction and obtain
confirmation of this notification.
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You must report the Loss promptly to the Claim
Center not later than ten (10) days from the date of
Loss. If the Loss is not reported within ten (10)
days, Your claim will be denied.
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You must provide the Claim Center with all of the
necessary information required to authorize Your
claim within thirty (30) days of the date that You
report Your Loss to the Claim Center. Failure on
Your part to deliver the damaged Covered Product or
to take delivery of the replacement within thirty
(30) days of claim authorization from the Claim
Center will result in denial of Your claim under
this Contract.
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You must provide the Claim Center with a detailed
proof of Loss statement, and a copy of the police
report filed for theft, attempted theft, vandalism,
or lost equipment within thirty (30) days of the
Date of Loss prior to receiving the replaced
equipment. Proof of Loss requirements are satisfied
once all requested information has been received by
the Claim Center as outlined in this Contract.
Please fax to 877-220-8501.
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Upon report of a Loss of a Covered Product the
Claim Center will place a hold on the Contract
Holder’s credit card in the amount equivalent to the
original wholesale cost of the Covered Product. If
the damaged Covered Product is not received or upon
receipt does not comply with the terms and
conditions of this Contract, the Contract Holder’s
credit card will be charged accordingly. All damaged
Covered Products must be mailed to: GWG 500 Middle
Country Road, Suite 100, St. James, New York 11780
within thirty (30) days of the date You reported the
claim.
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In the event of a covered Loss the Claim Center
will reimburse the Authorized Service Facility for
its cost to replace Your Covered Product.
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A valid claim will be authorized when you have
paid the deductible.
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You are responsible for payment of any items not
covered by the Contract.
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Any Contract Holder canceling the deductible
payment will be responsible for payment for the full
amount of the value of the Covered Product and any
additional charges incurred by the Administrator.
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Additional Terms and Conditions
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No person or organization, other than You, having
custody of Covered Product will benefit from this
coverage.
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You may not transfer this Contract.
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This coverage is void in any case of fraud,
intentional concealment or misrepresentation of a
material fact, at any time, concerning:
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this coverage;
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the Covered Product:
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Your interest in the Covered Product; or
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a claim under this Contract
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You will not be entitled to receive cash in lieu
of actual repair or replacement equipment.
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The Claim Center can replace the Contract
Holder’s Covered Product with a remanufactured
equipment of like kind or quality.
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Replacement equipment may not be exchanged,
returned or replaced for any reason other than the
inability to properly activate the replaced
equipment as determined by the Authorized Service
Facility.
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This Contract will be voided if the Covered
Product’s Serial Number, IMEI,HEX or ESN has been
altered, defaced or removed.
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This Contract will be voided if the Covered
Product’s exchange is not registered with the
Administrator.
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This Contract will be voided if the Contract
Holder cancels the deductible payment.
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The Contract Holder will be responsible for all
shipping costs of the Covered Product to the
Authorized Service Facility.
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Upon a replacement the damaged Covered Product
will become property of the Administrator.
The Administrator does not authorize any other
person to assume for them any other obligations or
liabilities stated in this Extended Service
Contract. Our performance for covered repairs under
this Contract is insured separately by an Insurance
policy issued by Heritage Warranty Insurance, RRG.
If satisfaction is not received within sixty (60)
days after proof of Loss is filed, You may contact
Heritage Warranty Insurance, RRG. at #3 Lockwood
Drive, Suite 303A, Charleston, South Carolina 29401.
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