This Agreement applies regardless of your plan duration
This form describes the protection You will have in return for the payment made by You. This Agreement applies to Covered Products with a total retail cost of $30,000 or less before sales tax and delivery charges.
- ”Obligor”, “We”, “Us” and “Our” mean the company obligated under this Agreement is, National Product Care Company in all states except Arizona, Florida (license # 80173) and Oklahoma (license # 861336), where it is SERVICE SAVER, INCORPORATED, Texas, where it is National Product Care Company dba Texas National Product Care Company, Inc., and Washington, where it is ServicePlan, Inc., all located at 175 W. Jackson, Chicago, IL, 60604.
- “You” and “Your” mean the purchaser of the Covered Product(s). If the Covered Product(s) is subject to an RTO Transaction, you will be referred to as Lessee of the Covered Product(s).
- “Administrator” means Montage, Inc., 4035 Park East Court, Suite 300, Grand Rapids, Michigan 49546, 1-800-686-5559.
- “Selling Retailer” means the entity selling the Covered Product and this Agreement.
- “Covered Product” means the one product to which all of the following apply:
- Purchased new from the Selling Retailer concurrently with, and covered, by this Agreement.
- Had a new retail price of $30,000 or less.
- Used in a normal, indoor, and domestic household setting.
- “Agreement” means the coverage terms, conditions, limitations and exclusions set forth herein, together with the sales receipt provided to You by the Selling Retailer.
- "Purchase Price” means the original Purchase Price for the Covered Product, paid by You to the Selling Retailer, excluding tax and delivery costs.
- “Agreement Price” means the amount You paid for this Agreement.
- “Rent-to-Own Transaction” (“RTO Transaction”) means a transaction where You have entered into an agreement for the use of Covered Property, and that permits You to become the owner of the Covered Property at the completion of the RTO Transaction. No purchase will be treated as an RTO Transaction unless the Lessor is indicated on Your sales receipt.
- “Lessor” means the party extending an RTO Transaction. Any Cash Settlement or refund payable while the RTO Transaction is in force will be payable to the Lessor.
- “Lessee” means the party obligated to the Lessor under an RTO Transaction. Unless otherwise authorized by the Lessor, a Lessee is not entitled to the Cash Settlement or refund otherwise payable while an RTO Transaction is in force.
2. Repair Plan
A. Coverage: In return for the payment made by You, We will provide the following coverage at our discretion due to:
Mechanical and structural breakdowns to fabric, leather, vinyl upholstery or solid surface furniture as a result of:
- Breakage of frames, panels or springs.
- Breakage of sleeper, recliner, lifting, heating and/or vibrating mechanisms.
- Failure of integral electrical components.
- Lifting or incident-specific chipping of veneers or laminates exposing the substrate.
- Loss of silvering on mirrors.
- Fading from the sun.
- Seam separation.
- Breakage of zippers and buttons.
- Breakage of hinges, handles, drawer glides and pulls, and nail head trim, not to exceed $200.00 per Agreement.
A specific post-delivery incident which occurs during normal residential use resulting in accidental damage, including:
- All stain types, including dye bleed and dye transfer onto or into upholstery fabric, leather or vinyl.
- Punctures, rips or burns.
- Liquid marks or rings.
- Household heat marks.
- Gouges, dents, scratches or chips that penetrate the finish exposing the substrate.
- Damage caused by nail polish remover.
- Checking, cracking, bubbling or peeling of finish caused by a specific incident.
- Glass or mirror chipping, breakage or scratches.
- Pet damage - single incident only.
Through the Administrator, We will repair or replace the Covered Product, at Our discretion. If possible, We will order, from the Selling Retailer, replacement part(s) or complete product(s), as necessary, to fulfill the coverage provided under this Agreement. Such part(s) or complete product(s) will be new and of the same make and model as Your Covered Product unless the Selling Retailer is unable to supply such products. In this case, You will select and, if approved by Us, We will order, from the Selling Retailer, new replacement part(s) or complete product(s) with features similar to those of Your Covered Product, up to, but not to exceed, the Purchase Price. In the event some, but not all, of Your Covered Product is replaced, coverage will continue for the remaining term of this Agreement for any part(s) or complete product(s) that have not been replaced. However, there will be no further coverage for any part(s) or complete product(s) that are replaced hereunder and the part(s) or complete product(s) which We provide to replace any Covered Product will not be covered under this Agreement, nor will they be eligible for coverage under a new Agreement. In the event the Selling Retailer where You purchased Your Covered Product is unwilling or unable for any reason, to supply (i) part(s) or complete product(s) of the same make and model as Your Covered Product, or (ii) replacement part(s) or complete product(s) with features similar to those of Your Covered Product that are satisfactory to You (not to exceed the Purchase Price), We will refund the original Agreement Price, less Our cost of all previous claims paid under this Agreement, in complete fulfillment of Our obligation to You hereunder. If this Agreement is subject to an RTO Transaction, refunds will be paid to the Lessor unless the Lessee has taken ownership of the Covered Product. If You select replacement product(s) of lower cost than the Covered Product, no credit will be issued or compensation provided for the difference. If You select replacement product(s) of higher cost than the Covered Product You will be required to pay the difference directly to the Selling Retailer or other entity providing the replacement product(s).
B) Term: The term of this Agreement begins on the date of delivery of the first piece of Your Covered Product(s) and continues for the five (5) year period following that date of delivery. Any coverage in this Agreement which replicates coverage provided by a manufacturer’s warranty will only take effect upon the expiration of such warranty. Coverage for stain and unintentional and accidental damage from handling of the Covered Product is effective upon the date of delivery of the Covered Product.
C) Limit of Liability: The total limit of liability under this Agreement is the least of (1) the Purchase Price, not to exceed $30,000, (2) the cost of repairs authorized by the Administrator (3) replacement product(s) of the same make and model as the Covered Product, (4) replacement product(s) with features similar to those of Your Covered Product (as determined by the Administrator) or (5) a cash payment, in an amount agreed upon by You, in lieu of repair(s) or replacement(s). The total limit of liability for breakage of buttons and zippers and hinges, handles, drawer glides and pulls, and nail head trim is limited to repair, replacement or cash settlement in an amount not to exceed the cost of like or similar quality components (Covered Product(s) will not be replaced due to lack of availability of original components). In addition, the total liability for breakage of hinges, handles, drawer glides and pulls, and nail head trim is limited to $200.00 per Agreement. If this Agreement is subject to an RTO Transaction, cash payments will be paid to the Lessor unless the Lessee has taken ownership of the Covered Product.
D) What to do if a covered problem occurs:
Claims must be reported within thirty (30) days of noticing the stain, damage or breakdown in Your Covered Product. To file a claim, log in to your Mulberry customer dashboard - no receipts needed! You can also contact Mulberry customer support 24/7 at firstname.lastname@example.org, or by calling 1-917-994-6394. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied.
E) Service Deliverables: There is no deductible required to obtain service for Your Covered Product. Service will be performed in Your home; however, at Our discretion, We may elect to remove the Covered Product to perform service and We will return the Covered Product upon completion of service.
Stains: Do not attempt stain removal until You contact the Administrator for assistance. The Administrator may provide You with authorized products to assist You in removing stains. Please read and follow the directions on the authorized products for proper usage prior to attempting stain removal. If the stain cannot be removed with the authorized products, call the Administrator to arrange for professional cleaning. If We are unable to remove the stain professionally, We will replace Your affected Covered Product.
3. What is Not Covered
- ANY LOSS NOT SPECIFICALLY LISTED IN “COVERAGE”;
- DYE TRANSFER OR DYE BLEED UNLESS SPECIFICALLY INCLUDED IN “COVERAGE”;
- STAINS OR DAMAGE CAUSED BY PETS (EXCEPT BODILY FLUIDS) UNLESS ONE INCIDENT PER AGREEMENT IS SPECIFICALLY INCLUDED IN THE COVERAGE;
- MULTIPLE INSTANCES OF PET DAMAGE, EVEN IF A SINGLE INCIDENT WOULD BE COVERED BY THIS AGREEMENT
B) MANUFACTURER LIABILITY:
- PRODUCT REPAIRS THAT ARE COVERED BY THE MANUFACTURER’S WARRANTY OR AS A RESULT OF A RECALL,
REGARDLESS OF THE MANUFACTURER’S ABILITY TO COVER SUCH REPAIRS;
C) INELIGIBLE FURNITURE AND COMPONENTS:
- CLOCK MECHANISMS AND ANY ITEM PURCHASED OR USED IN CONJUNCTION WITH THE COVERED PRODUCT, SUCH AS, BUT NOT LIMITED TO, LAMPS, ARTWORK, PLANTS, DECORATIVE ACCESSORIES OR PILLOWS, ETC.;
- ANY PRODUCT SOLD USED OR DAMAGED AND ANY AND ALL PRE- EXISTING ISSUES THAT OCCUR PRIOR TO OR DURING DELIVERY;
- NON-COLORFAST FABRICS AND/OR STAINS, DAMAGE, OR COLOR LOSS RESULTING FROM THE USE OF CLEANING METHODS OR PRODUCTS NOT APPROVED BY THE MANUFACTURER OR ADMINISTRATOR;
- ANY DAMAGE CAUSED DURING THE ASSEMBLY OR DISASSEMBLY OF READY TO ASSEMBLE (RTA) PRODUCTS;
D) NON-HOUSEHOLD ENVIRONMENTS:
- ANY STAIN OR DAMAGE OCCURRING WHILE THE COVERED PRODUCT(S) IS BEING MOVED OR STORED
ANYWHERE OUTSIDE THE LIVING AREA OF YOUR RESIDENCE;
- ANY COVERED PRODUCT(S) USED FOR COMMERCIAL, INSTITUTIONAL OR RENTAL PURPOSES (EXCEPT AN RTO TRANSACTION AS DEFINED ABOVE), INCLUDING BUT NOT LIMITED TO IN-HOME OR OTHER DAY CARE FACILITIES, OR IN ANY SETTING OTHER THAN A PRIVATE DOMESTIC RESIDENCE;
E) CONSUMER RESPONSIBILITY:
- FAILURE TO FOLLOW MANUFACTURER INSTRUCTIONS FOR CARE AND USE;
- ANY SERVICE, REPAIRS,
REPLACEMENT PARTS OR DISPOSAL OF SOME OR ALL OF ANY COVERED PRODUCT(S) WITHOUT PRIOR AUTHORIZATION FROM THE ADMINISTRATOR;
- ACCUMULATED STAINS OR DAMAGE RESULTING FROM EVERYDAY USE, LACK OF REGULAR CARE AND MAINTENANCE, WILLFUL MISUSE, ABUSE, MISHANDLING, UNAUTHORIZED MODIFICATIONS, ALTERATIONS OR REPAIRS TO A COVERED PRODUCT OR FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS;
- REPETITIVE STAINS OR DAMAGE CAUSED BY MEDICAL INCONTINENCE OR ANY OTHER REPETITIVE STAINS OR
DAMAGE FROM THE SAME CAUSE EVEN IF A SINGLE OCCURRENCE WOULD BE COVERED BY THIS PLAN;
- CLAIMS WHICH ARE NOT INITIATED PRIOR TO THE EXPIRATION DATE OF THIS AGREEMENT AND/OR NOT REPORTED WITHIN THE REPORTING PERIOD DEFINED IN THE "WHAT TO DO IF A COVERED PROBLEM OCCURS" SECTION;
- HARDWARE, SUCH AS BUT NOT LIMITED TO ZIPPERS, BUTTONS, HINGES, HANDLES, DRAWER GLIDES AND PULLS, NAILHEAD TRIM AND ANY OTHER DECORATIVE ITEMS IN OR ON THE COVERED PRODUCT UNLESS SPECIFICALLY INCLUDED IN “COVERAGE”
- CONSUMABLES SUCH AS BUT NOT LIMITED TO LIGHTBULBS AND BATTERIES;
- UPHOLSTERY SEAM SEPARATION AS A RESULT OF FAILURE OF STITCHING, GLUING, STAPLING OR OTHER METHOD OF ATTACHMENT UNLESS SPECIFICALLY INCLUDED IN COVERAGE;
- STRESS TEARS INCLUDING TEARING OR RIPPING OF UPHOLSTERY WITHIN ONE-HALF INCH OF A SEAM LINE;
- SURFACE SCRATCHES, COLOR LOSS OR CRACKING AND PEELING ON ANY TYPE OF LEATHER AND/OR VINYL;
- SURFACE SCRATCHES OR INDENTATIONS IN WOOD OR OTHER HARD SURFACE FUNITURE;
- DAMAGE FROM TIME- OR WEAR-RELATED ISSUES, SUCH AS, BUT NOT LIMITED TO, NORMAL WEAR AND TEAR, INCLUDING LOSS OF COLOR, LOSS OF FOAM RESILIENCY, AND/OR PILLING OR FRAYING OF FABRIC;
- VARIATION IN APPEARANCE BETWEEN THE COVERED PRODUCT(S) AND REPLACEMENT PARTS OR PIECE(S) PROVIDED BY US, FROM CAUSES SUCH AS BUT NOT LIMITED TO ENVIRONMENTAL CONDITIONS, DYE LOT VARIATIONS, HIDE VARIATIONS AND FADING OR CHANGES IN COLOR/TEXTURE THAT OCCUR OVER TIME THROUGH NORMAL USE AND/OR AGING;
- SERVICE WHERE NO PROBLEM CAN BE FOUND, NOISES, CHANGES IN FUNCTIONALITY OR CONSUMER PREFERENCE;
- ANY STAIN OR DAMAGE CAUSED BY WATER LEAKS OR FLOODS REGARDLESS OF SOURCE;
- MOLD, MILDEW AND ODORS OF ANY KIND FROM ANY SOURCE;
- RUST OR CORROSION;
- STAINS OR DAMAGE CAUSED BY ANY INDEPENDENT CONTRACTOR, SUCH AS BUT NOT LIMITED TO A PLUMBER, PAINTER, CLEANING SERVICE, HOME HEALTH CARE PROVIDER OR OTHER SERVICE OR MAINTENANCE PERSONNEL;
- EXTERNAL CAUSES, INCLUDING FIRE, THEFT, INSECTS, RODENTS AND OTHER VERMIN AND INFESTATION OF ANY KIND, ACTS OF NATURE INCLUDING BUT NOT LIMITED TO, WIND AND RAIN, ILLEGAL ACTS, WAR OR TERRORISM OR CONSEQUENTIAL LOSS OF ANY NATURE;
G) LOSSES NOT COVERED:
- PERSONAL INJURY;
- INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES (INCLUDING BUT NOT LIMITED TO
COMPENSATION FOR TIME, LOST WAGES, TRAVEL, ETC.,) AND/OR LOSS OF USE DURING THE SERVICE PERIOD..
A) Renewal: This Agreement is not renewable.
B) Transferability: This Agreement is not transferable.
C) RTO Transactions: Where the Covered Product was initially acquired under an RTO Transaction, any cash settlement or refund will be payable to the owner of the product at the time the settlement is made. This will be the Lessor if You have not yet acquired ownership of the property. In all other respects, the Lessee will retain a beneficial interest in this Plan and all non-cash benefits described herein shall be rendered to the Lessee. Any cash settlement or refund paid to the Lessor will be applied to reduce Your obligations under the RTO Transaction. Any amount in excess of the balance due to
purchase the item under the RTO Transaction will be payable to the Lessee by the Lessor. Any owner obligations related to maintenance of the product shall be the responsibility of the Lessee during the term of any RTO Transaction except as provided by law. Any reference to purchased, sold, or similar terms shall include “leased” and its derivatives. Any reference to purchaser shall mean the Lessee under the RTO Transaction and not the Lessor. This Section will not apply unless the Lessor is indicated on the sales receipt provided at claim time.
D) Territorial Limitations: This Agreement does not cover failures that occur outside of the fifty (50) states of the United States of America, and/or the District of Columbia.
E) Subrogation: If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived. Where a Lessee under an RTO Transaction has not yet acquired ownership of the Product, this Section will apply to the Lessor.
F) Dispute Resolution - Arbitration: This Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Agreement (including the Agreement Price of, lack of or actual repair or replacement arising from a breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three
arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. Any dispute on the application of this arbitration provision will be made by the local court of law in the county and state where You live. Notwithstanding this arbitration provision, You are not prohibited from bringing an action in Small Claims Court to resolve Your dispute. The Consumer Arbitration Rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the breakdown occurred or the dispute arose or the applicable statute of limitations period, whichever is longer. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire". All costs and expenses of the arbitration will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The procedural rules for arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving
effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement.
G) Cancellation: You may cancel this Agreement for any reason at any time. In the first thirty (30) days You will receive a full refund upon cancellation. To cancel within ten (10) days of receipt, contact the Selling Retailer of Your Agreement for a full refund. After ten (10) days, contact the Administrator in writing with this Agreement and a copy of Your sales receipt to receive a full refund. After thirty (30) days, You will receive a pro-rated refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the Agreement Price (whichever is less), less the cost of claims paid. The refund due while an RTO Transaction is in force will be paid to the Lessor. In the case of termination of an RTO Transaction, this Agreement will be cancelled and the applicable refund will be paid to the Lessor. The Lessor will then be responsible for paying any amounts due to the Lessee or You. We may not cancel this Agreement except for fraud, material misrepresentation or non-payment of Agreement Price by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation and will include the effective date and reason for cancellation. If We cancel, the return Agreement Price is based upon one-hundred percent (100%) of the unearned pro-rated Agreement Price. Any claim paid or repair costs incurred prior to cancellation will be deducted from the refund otherwise due.
H) Entire Agreement: This is the entire Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items. The Obligor under this Agreement is insured by a policy of insurance issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois, 60604, (800)209-6206.
5. State Variations
The following state variations will control if inconsistent with any other provisions: State variation determined by consumer’s state of residence.