Sample Terms & Conditions

These Terms & Conditions, along with the Coverage Letter, is a legal contract (collectively, the “Plan”) between You and Us. PLEASE READ THIS PLAN CAREFULLY.

SHOULD YOU NEED SERVICE

For Plan service and to place a claim, call customer service at 888-349-7911. You must notify Us as soon as a problem is discovered and, in any event, during the Term. We will accept service requests by telephone during Our regular business hours or online 24 hours a day, 7 days a week, 365 days a year. Have Your Account Number, and make or model of the Covered Product, available. Upon receipt of Your claim, We will provide You with instructions necessary to commence service. No deductible applies to this Plan.

DEFINITIONS

Unless otherwise defined in this Plan, the following terms shall have the respective meanings set forth below throughout this Plan:

“Authorized Repair Technician” means a qualified service contractor designated by Us in response to Your request for service.

“Breakdown” means the inability of the Covered Product or part thereof, under normal service and usage, to perform the function for which it was designed due to a material defect that is not related to the action or inaction of any non-covered part or outside influence, subject to all terms and conditions of this Plan.

“Coverage Letter” means the letter attached to these Terms & Conditions setting forth the Covered Product, Plan Purchase Price, and other important details about the Plan.

“Covered Product” means the product listed on the Coverage Letter, and to which coverage is afforded under this Plan during the Term. The Covered Product includes only equipment as originally specified in the Coverage Letter.

“Plan End Date” is the date indicated on the Coverage Letter as the date on which coverage under this Plan ends.

“Plan Purchase Price” is the amount indicated on the Coverage Letter as the amount paid for this Plan.

“Plan Seller” means the person indicated on the Coverage Letter as having sold or issued this Plan.

“Plan Start Date” is the date indicated on the Coverage Letter as the date on which coverage under this Plan begins or, in any event, the point in time at which the full manufacturer’s parts & labor warranty on the Covered Product ends as measured from the Product Purchase Date indicated on the Coverage Letter.

“We”, “Us”, and “Our” means NRG Protects Inc., 910 Louisiana Street, Suite B200 Houston, Texas 77002.

“You” and “Your” means the purchaser of this Plan or person to whom this Plan is transferred in accordance with the “TRANSFER OF PLAN” section below.

IMPORTANT

 

THIS PLAN IS PROVIDED AND ADMINISTERED BY US. OUR OBLIGATIONS UNDER THIS PLAN ARE BACKED BY THE FULL FAITH AND CREDIT OF NRG PROTECTS INC. THIS PLAN IS NOT INSURED BY A SERVICE CONTRACT REIMBURSEMENT INSURANCE POLICY, UNLESS EXPRESSLY INDICATED IN THE “STATE-SPECIFIC CANCELLATION AND OTHER PROVISIONS” SECTION BELOW.   THIS IS A PLAN FOR REPAIR OR REPLACEMENT OF YOUR COVERED PRODUCT. THIS IS NOT A CONTRACT OF INSURANCE.   UNLESS OTHERWISE SPECIFIED, ANY DOLLAR LIMIT MENTIONED IS IN THE AGGREGATE. WE WILL NOT REIMBURSE YOU FOR SERVICES PERFORMED WITHOUT OUR PRIOR APPROVAL.

 

ELIGIBILITY FOR COVERAGE

If You did not purchase this Plan at the same time as the purchase of the Covered Product, this section applies to You. Prior to the sale of this Plan, We reserve the right to obtain product information from You in order to determine eligibility for coverage. To be eligible for coverage, the product must be in proper operating condition on the Plan Start Date and the information regarding the original purchase date of the product is correct. Inaccurate information regarding the purchase date may result in the product being ineligible for coverage. We reserve the right to inspect the product to determine eligibility for coverage.

TERM & RENEWAL

1. Coverage under this Plan begins on the Plan Start Date and continues until the Plan End Date or as otherwise stated in these Terms & Conditions ( the “Term”).
2. In the event of a Breakdown before the Plan Start Date, please contact the manufacturer directly.
3. This Plan is not renewable.

COVERAGE

1. Product Repair. During the Term, We will arrange for an Authorized Repair Technician to receive and evaluate the Covered Product and furnish labor and parts (new and/or refurbished parts) necessary to repair the Covered Product, provided such repair is necessitated by Breakdown. You must ship the Covered Product to the Authorized Repair Technician We designate within 60 days and in compliance with all shipping instructions We provide.
2. Non-Covered Product Repair. Except as stated in the following sentence, if the Authorized Repair Technician receives the Covered Product and We determine Your claim is not covered by this Plan, no repair will be performed and the Covered Product will be returned to You. If You timely request service for a non-covered repair, and the Authorized Repair Technician agrees to perform the repair, You will be responsible for all costs associated with the repair.
3. Product Replacement.
   1. At Our complete discretion, We may opt to replace the Covered Product with a new or refurbished product with similar features and functionality (though not necessarily the same model, fit or finish). Technological advancements may result in a replacement product with a lower selling price than the Covered Product. In all cases, product comparability for a replacement product will be determined by Us at Our sole discretion. If We determine that the Covered Product is to be replaced, the original Covered Product must be returned to Us or Our designee, in accordance with instructions that We will provide, in order to receive Your replacement product. Instead of returning it to Us, We may (at Our sole discretion) instruct You to disable the Covered Product provided that You do so in accordance with Our instructions and provide Us with satisfactory proof of such disablement. We will not be responsible for reconfiguring space to accommodate a replacement product when a product of identical dimensions is not available.
   2. In lieu of replacement, at Our sole option, We may buy out the Plan by providing a payment (cash or manufacturer gift card, in Our discretion) in an amount not to exceed the retail price You paid for Your Product (including sales tax and shipping charges), less claims paid. In the event that the retail price You paid for Your Product is not available, such amount will be, as determined by Us, the current market value of the Covered Product or a product with equivalent specifications (including sales tax and shipping charges).
4. This Plan covers the cost of shipping the Covered Product within the contiguous United States. You will be responsible for the cost of shipping the Covered Product to and from a location outside the contiguous United States.
5. Plan Termination. In the event We replace the Covered Product or buy out the Plan as set forth in Paragraph 3 above, all contractual obligations under this Plan will immediately be deemed fulfilled and this Plan will end.

LIMITATION OF LIABILITY

1. Delays. Problems cannot always be diagnosed and repaired in the first instance. We are not liable for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs.
2. Events Beyond Our Reasonable Control (“Force Majeure Events”).
   1. Force Majeure Events include, but are not limited to, acts of God, fire, war, flood, earthquake, epidemic, pandemic, hurricane, tornado, and other natural disaster, acts of terrorism, acts of any governmental authority, accidents, strikes, labor troubles, shortages in supply, changes in laws, rules or regulations of any governmental authority, and any other cause beyond Our reasonable control.
   2. hen a Force Majeure Event occurs, We will make commercially reasonable efforts to fulfill Our obligations under this Plan. Force Majeure Events may result in delays or Our inability to perform under this Plan. If We are unable to perform Our obligations, in whole or in part, due to a Force Majeure Event, then Our obligations shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall We be liable to You for Our failure to fulfill Our obligations for damages caused by any Force Majeure Event.

EXCLUSIONS

This Plan does not cover:

1. Breakdown because of operator or owner negligence (such as the failure to maintain or operate the Covered Product according to the owner’s manual, user guide or other product literature), improper or incomplete installation, unauthorized modifications or alterations, introduction of foreign objects into the Covered Product, accidental damage, abuse, misuse, vandalism, theft, rust, corrosion, animal or insect infestation, damage caused by lightning or any other insurable event or act of nature;
2. Damage resulting from any alteration of the Covered Product or repairs not authorized by Us, or made by parties not specifically authorized by Us;
3. Non-functional parts or defects, such as cosmetic defects, trim parts, etc.;
4. Preventive maintenance;
5. Expendable items;
6. Breakdown arising from a manufacturer’s defect or recall or while the Covered Product is still under the manufacturer’s or distributor’s warranty;
7. Breakdown excluded under the manufacturer’s or distributor’s warranty had the warranty not expired, such as problems with a product purchased through an online auction house;
8. Normal degradation of the Covered Product’s battery energy capacity over time;
9. Noise or vibration that is not excessive or uncharacteristic and does not impact the performance of the Covered Product; or
10. Accessories and supplies, including external power supplies.

TRANSFER OF PLAN

This Plan is transferable to any subsequent owner of the Covered Product subject to Our consent. You may request Our consent by calling Us at 888-349-7911.

We may assign this Plan, in whole or part, or any of Our rights and obligations hereunder without Your consent, to the fullest extent allowed by law. Upon such assignment, You agree that We shall have no further obligation to You.

CANCELLATION

You may cancel this Plan at any time for any reason by calling 888-349-7911 for additional details on how to cancel. We may cancel this Plan if You fail to pay the Plan Purchase Price when due, make a material misrepresentation, or substantially breach Your duties under this Plan. We may also cancel this Plan if the Covered Product does not have a legible model or serial number or is in a disassembled state. If this Plan is cancelled by You or Us:

1. During any time within the full manufacturer’s warranty period (parts and labor) You will receive a 100% refund of the Plan Purchase Price.
2. After the start of the Term, We will refund the Plan Purchase Price allocable to the remainder of the Term of this Plan prorated on a monthly basis, less any claims paid.

RESOLUTION OF DISPUTES

1. This provision constitutes an agreement to resolve any disputes, claims or controversies under this Plan through good faith negotiation. Either party may initiate negotiations by providing written notice to the other party which lists the subject of the dispute and the relief requested. We and You will respond to any notices and requests in a timely and complete manner.
2. We and You agree that if a dispute cannot be resolved, trial courts within the county of Your address, as indicated on the Coverage Letter, will have exclusive jurisdiction to try the dispute. WITHOUT REGARD TO CONFLICTS OF LAW ANALYSIS, ANY OBJECTIONS AS TO JURISDICTION OR VENUE IN SUCH COURT ARE EXPRESSLY WAIVED.
3. WE AND YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS PLAN OR THE ACTIONS OF US AND YOU IN THE NEGOTIATIONS, ADMINISTRATION, PERFORMANCE, OR ENFORCEMENT HEREOF.
4. Unless otherwise required by the laws of the state of Your address, as indicated in the Coverage Letter, this Plan will be governed, construed, and enforced in accordance with the laws of the state of Texas without regard to principles of conflicts of law.
5. Any legal or judicial proceeding commenced by or on behalf of You under this Plan (including the assertion by You of any counterclaim) will take place on an individual basis. Class actions, collective actions, and other similar representative proceedings of any kind or nature (whether pursued though the courts, through arbitration, or through any other judicial forum) are not permitted. BY ENTERING INTO THIS PLAN YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR OUR AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY, AND WAIVE ANY RIGHT TO BRING CLAIMS AGAINST US OR OUR AFFILIATES AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
6. Any failure by Us to assert a right or enforce a requirement under this Plan shall not be deemed a waiver of that or any other right or requirement and shall not preclude Us from asserting any right or enforcing the requirement at any time.
7. IN NO EVENT SHALL WE OR OUR AFFILIATES OR AGENTS, SELLERS, CONTRACTORS OR LICENSEES BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR ECONOMIC DAMAGES OR LOSS, OR DAMAGES TO ANY PERSON OR PROPERTY ARISING FROM THE LOSS OF USE OR TIME OR THE INABILITY TO USE THE COVERED PRODUCT, DELAYS IN SERVICING OR THE INABILITY TO SERVICE ANY COVERED PRODUCT, TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW, AND ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OF THE COVERED PRODUCT, AND YOU EXPRESSLY WAIVE THE RIGHT TO ANY AND ALL SUCH DAMAGES.
8. IN THE EVENT OF A DISPUTE INITIATED BY YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF OUR LIABILITY TO YOU FOR SERVICE UNDER THIS PLAN SHALL NOT EXCEED THE RETAIL PRICE YOU PAID FOR YOUR PRODUCT (INCLUDING SALES TAX AND SHIPPING CHARGES), LESS CLAIMS PAID.

PERSONALLY IDENTIFIABLE INFORMATION

By entering into this Plan, You agree that any personal information that You provide to Us or provide to third parties acting on our behalf in connection with this Plan constitutes permission for Us to use and share Your information as set forth in Our Privacy Policy nrgprotects.com/privacy-policy.pdf. Our use and sharing of your information will be consistent with the purposes and uses disclosed in our Privacy Policy, as amended from time to time and posted on our website. You may opt out of the sharing of your personal information or opt out of receiving marketing communications from Us at any time as set forth in the Privacy Policy or as provided within any marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of emails).

PLAN TERMS

We reserve the right to amend this Plan due to regulatory or procedural changes that may affect Our ability to perform under this Plan.

STATE-SPECIFIC CANCELLATION AND OTHER PROVISIONS

Additional terms and conditions may vary by state.

 

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