Sei sulla pagina 1di 4

[ESC - SONY CONSUMER ELECTRONICS PROTECTION PLAN]

1. The Contract.
These Terms and Conditions govern the hardware service and/or replacement service provided to you for the Sony branded product ("Product") listed on your
proof of purchase ("Proof of Purchase"). Your "Contract" includes these Terms and Conditions and your Proof of Purchase. The provider contractually
obligated to you under the terms of this Contract ("Provider") 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 Provider is United Service Protection, Inc., [11222 Quail Roost Drive, Miami, FL 33157], [1-877-881-8578];
and in Oklahoma where the Provider is Assurant Service Protection, Inc. [P.O. Box 105689, Atlanta, GA 30348-5689], [1-866-266-9459]. Although Sony
Electronics, Inc., [16530 Via Esprillo, Bld 1 San Diego, CA 92127] ("Sony") is not the Provider and this Contract is between you and the Provider, Sony is the
administrator of this Contract and when you need service you should call Sony at [1-855-766-9777]. This Contract is not related to nor an extension of your
manufacturer's warranty, and instead includes only these Terms and Conditions and Proof of Purchase. This Contract is not a contract of insurance. Unless
otherwise regulated under state law, the contents of this Contract should be interpreted and understood within the meaning of a "Service Contract" in Public
Law #93-637.
2.WHAT IS COVERED.
The available coverages are listed below. The coverage you purchased will be indicated on your Proof of Purchase.
2.1. Hardware Coverage
This Contract provides coverage for Product hardware failures due to defects in workmanship and/or materials, including power surge while properly
connected to a surge protector. You may be asked to provide your surge protector for examination to validate a claim. Your Contract may provide for repairs
or, depending on the Product, replacement coverage only. For PC customers, this Contract provides for one replacement of a factory installed rechargeable
battery over the life of the Contract. Sony may use non-original manufacturer parts or re-manufactured parts for the repair.
2.2. Accidental Damage
You may also purchase optional coverage for failures due to accidental damage from handling ("ADH"), such as drops or spills that arise from normal handling
and use of the Product. ADH coverage only applies to operational or mechanical failure caused by an accident from handling that is the result of an
unexpected or unintentional external event that arises from your normal daily usage. If the Product is replaced all obligations owed under this Contract will
have been satisfied.
ADH coverage does not protect you in the cases of (a) theft, loss, misplacement, war, terrorism, fire, abuse, a willful or intentional act, (b) alteration or
modification of the Product in any way, (c) damage caused by failure to perform manufacturer's recommended operating instructions/standards or
recommended maintenance, (d) cosmetic damage (e.g., scratches or dents) that does not prevent the proper functionality or use of the Product.
3. If You Need Service
If you need service during the Coverage Term, Sony will either (a) repair the defect, or failure due to ADH, using new or refurbished parts, (b) exchange the
Product as a repair solution with an authorized replacement Product that may be new or refurbished, of like quality and functionality (c) replace the Product
with an authorized replacement Product that may be new or refurbished, of like kind, quality and functionality not to exceed the purchase price of the Product;
or (d) provide you with an amount equal to the purchase price of the Product less any sales tax, shipping, and service claims previously paid. Sony will try to
match specific replacement preferences such as equipment color, cosmetics, or features, but this is not guaranteed.
If your Product is un-repairable and Sony replaces your Product, upon receipt of your Product by Sony, the replacement Product will be shipped to you. When
you receive the replacement Product, the originally covered Product will become Sony ?s property. If the Product is un-repairable and Sony replaces the
Product all obligations owed under this Contract will have been satisfied.
If your Product is repairable and Sony exchanges your Product as a repair solution, upon receipt of your Product, the exchange Product will be shipped to
you. When you receive the exchange Product, the originally covered Product will become Sony's property. If the Product is repairable but Sony chooses to
exchange the Product as a repair solution, this Contract will continue to provide coverage on the exchange Product for the remainder of your Contract
coverage.
In the event that you are provided a replacement Product prior to your return of the originally covered Product, a hold on your credit card for an unrecovered
equipment fee will be required ("Unrecovered Equipment Fee"). If you do not return your Product within 15 days after receipt of your replacement Product, the
Unrecovered Equipment Fee will be processed. Upon timely receipt by Sony of your Product, the hold will be removed. If you do not provide a credit card
authorization for the Unrecovered Equipment Fee, you will be shipped a box with a pre-paid postage label to deliver your original Product prior to providing a
replacement Product.
If your Product fails three (3) times due to the same part failure, upon the fourth service request for the same part failure, Sony will replace the failed Product
with an authorized replacement Product, which may be new or refurbished, of like kind, quality and functionality not to exceed the original retail purchase price
of the Product. Replacement of the Product will satisfy all obligations owed under this Contract.
4. How to Get Service.
Call Sony at [1-855-766-9777] Monday to Friday, 5:00am 9:00pm PST, Saturday and Sunday, 6:00am - 5:00pm PST. All service will be provided by Sony
or Sony's authorized service providers. If you purchased on-site service, but due to special circumstances (such as environmental or technical requirements, if
your Product has failed due to ADH, repairs cannot be made on-site, or you are located more than fifty (50) miles from an authorized service provider), this
Contract will cover the shipping cost of your Product to an authorized service provider. Sony will inspect the Product and validate that the reported failure is
covered under this Contract. If the failure is not covered, you will be responsible for covering the cost of repair at that time or the Product will be returned to
you.
5. Coverage Term.
Coverage may begin either on the date of Product purchase or the date of Product shipment (if purchased online) and will end after the expiration of the term
listed on your Proof of Purchase ("Coverage Term"). This Contract provides benefits during and in addition to Sony's manufacturer limited warranty; it does not
replace Sony's manufacturer limited warranty, but provides certain additional benefits during the term of the Sony manufacturer limited warranty. There is no
obligation to renew this Contract.
Your Responsibilities.
To receive service under the Contract, you agree to:
A. have your Contract number and Proof of Purchase available if requested;
B. provide information about the symptoms and causes of any issues with the Product;
C. respond to requests for information such as Product serial number, model number, any peripheral devices connected or installed on the Product, any error
messages displayed, actions taken before the Product experienced the issue and steps taken to resolve the issue;
D. maintain the Product in accordance with the service requirements from Sony under its manufacturer limited warranty, including care and operating
instructions/standards or recommended maintenance provided in the user guide;
E. protect the Product from further damage and operate the Product in accordance with the instructions/standards listed in the user's guide;
Page 1 of 4
9/20/2013 http://store.sony.com/webapp/wcs/stores/servlet/ContentDisplayView?cmsId=esp_terms_c...
F. back up your data and software before services are performed and remove any and all sensitive data from the Product prior to service. Sony is not
responsible for any loss of your data under any circumstances. The contents of your Product may be deleted and the hard drive and/or storage media
reformatted in the course of service. All Product settings will be returned to the original Sony default settings. All Product firmware (if applicable) will be
updated to the latest official Sony version at the time of service.
G. make your Product accessible to the authorized service provider if your Product is installed within custom cabinetry or in a custom unit;
H. provide a non-threatening and safe environment to the call agent and the authorized service provider and ensure the presence of an adult at the time of
scheduled on-site service, and reasonably allow the authorized servicer to perform the appropriate service;
I. provide notice of any defect or deficiency in service within ninety (90) days of discovery;
J. notify Sony if your address changes.
7. Cancellation.
You may cancel this Contract at the location of purchase. If you cancel within the first sixty (60) days of purchase you will be refunded the full Contract price,
less the cost of any repairs made, except as otherwise required by law. If you cancel your Contract after sixty (60) days from the date of purchase you will
receive a pro-rata refund. The effective date of cancellation is the date Sony receives your request for cancellation. We reserve the right to cancel this
Contract at any time in the event of fraud or material misrepresentation by you. If we cancel this Contract, you will be provided with a written notice at least
thirty (30) days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. You will receive a
refund of the unearned pro-rata Contract price, less any claims paid, except as otherwise required by law.
8. What is Not Covered.
This Contract does not cover:
A. coverage, components, or products unless sold under a single SKU or "built-to-order", TV stands or wall mounts, de-installation or re-
installation of wall mounted TVs and other products, or inaccessible products;
B. consumable items such as non-factory installed batteries, printer cartridges, bulbs, screen protectors, accessory cables, removable data
storage devices;
C. any repair covered by Sony's manufacturer's limited warranty repairs noted in service bulletins and offered by Sony free of charge, repairs
initiated by Sony under the manufacturer's limited warranty or under a recall program, costs associated with Sony's recommended normal
maintenance under the manufacturer's limited warranty;
D. un-authorized repairs;
E. failures of components such as cabinets, frames, masks, finish defects, glass windows, scratched lenses, cases, bags, accessories purchased
with the Product, docking stations;
F. damage or failures caused by conditions beyond our control such as wiring, power supply, rust, corrosion, infestation, negligence,
modifications, abuse, misuse, acts of God, power surge where no surge protector was in use, failure to follow Sony's recommended maintenance,
improper installation, non-factory installed batteries, problems with phone lines;
G. defects that existed prior to this Contract purchase;
H. loss or damage to recording media, software or data, computer viruses, software defects or software generated problems, software added by
you that is not original to the Product;
I. shipping damage to Products by the shipper or resulting from inadequate packaging by you;
J. theft;
K. monitor or screen imperfections including image burn-in, minor pixel issues that do not affect the overall viewing of the panel;
L. accidental or intentional damage, cracked or damaged monitor, laptop or display screens (except for covered repairs due to ADH if purchased
by you);
M. intentional, consequential or incidental damage or gross neglect, including abusive or willful mishandling;
N. data stored on disk drives or other memory devices;
O. normal wear and tear, loss, war, terrorism, or misplacement
P. cleaning of your Product (internal and external);
Q. shipping cost of any Product located outside of the United States of America and U.S. Territories.
9. Contract Transfer.
You can assign your Contract to another person by contacting Sony.
10. Arbitration.
Read the following Arbitration provision carefully. It limits certain of your rights, including your right to obtain relief or damages through court
action.
Should a dispute arise related to this Contract or the coverage of your Product pursuant to this Contract, you agree that such dispute shall be decided via
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 Commercial 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, calling (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out Arbitration will be shared equally between you and us. This
does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. Unless you and we agree, 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 not any state law on Arbitration. 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. Please refer to the State Disclosures section of this Contract for any added requirements in your state. 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.
YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS PROVISION NEITHER YOU NOR WE WILL HAVE THE RIGHT TO GO TO
COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS
PERTAINING TO ANY CLAIM.
11. State Disclosures.
The following state specific requirements apply if your Contract was purchased in one of the following states and supersede any other provision that conflict.
AL, AR, CT, GA, IL, IN, KY, MA, ME, NC, NH, NV, NY, OR, SC, UT, WI and WY only: The obligations of the Provider under this Contract are insured by a
policy of insurance issued by American Bankers Insurance Company of Florida. If we fail to pay or provide service on a claim within sixty (60) days after proof
of loss has been filed, the written claim can be submitted to American Bankers Insurance Company of Florida at the following address: [11222 Quail Roost
Drive, Miami, FL 33157], or call the toll-free number at [1-800-852-2244].
HI, MT, VA and VT only: The obligations of the Provider under this Contract are insured under a service contract contractual liability insurance policy. Our
obligations under the Contract are insured by a policy of insurance issued by American Bankers Insurance Company of Florida, [11222 Quail Roost Drive,
Miami, FL 33157].
GA, LA, OR, UT, WI, WY only: The Arbitration provision is deleted in its entirety. It is not applicable to you.
Alabama only: The following is added to the Cancellation provision: A ten percent (10%) penalty per month shall be added to a refund that is not paid or
credited within forty-five (45) days after return of this Contract to Us and only to any cancellation received within the first twenty (20) calendar days after the
date we mailed a copy of the Contract to you or within ten (10) days if it was provided to you at the time of sale. This provision applies only to the original
purchaser of this Contract.
Page 2 of 4
9/20/2013 http://store.sony.com/webapp/wcs/stores/servlet/ContentDisplayView?cmsId=esp_terms_c...
Arizona only: The following is added to the Cancellation provision: No claim incurred or paid will be deducted from any cancellation refund. We will not
cancel or void this Contract due to pre-existing conditions, prior use or unlawful acts relating to the Product or misrepresentation by the Administrator or its
subcontractors. The following is added to the Arbitration provision: Arbitration cannot be an absolute dispute remedy and both parties must agree to
Arbitration. This Arbitration provision does not prohibit an Arizona resident from following the process to resolve complaints under the provisions A.R.S. 20-
1095.09, Unfair trade practices as outlined by the Arizona Department of Insurance. To learn more about this process, you may contact the Arizona
Department of Insurance at 2910 N. 44th St., 2nd Fl. Phoenix, AZ 85018-7256, Attn: Consumer Affairs. You may directly file any complaint with the A.D.O.I.
against a Service Company issuing an approved Service Contract under the provisions of A.R.S. 20-1095.04 and/or 20-1095.09 by contacting the
Consumer Affairs Division of the A.D.O.I., toll-free phone number 800-325-2548.
California only: The seller of this Contract is Sony Electronics, Inc., [16530 Via Esprillo, Bld 1 San Diego, CA 92127]. The Cancellation provision is deleted
and replaced with: You may cancel this Contract at the location of purchase. If you cancel within the first sixty (60) days after receipt of the Contract you will
be refunded the full Contract price, less the cost of any repairs made, except as otherwise required by law. If you cancel your Contract after sixty (60) days
after receipt of the Contract you will receive a pro-rata refund. The effective date of cancellation is the date Sony receives your request for cancellation. We
reserve the right to cancel this Contract at any time in the event of fraud or material misrepresentation by you. If we cancel this Contract, you will be provided
with a written notice at least thirty (30) days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for
cancellation. You will receive a refund of the unearned pro-rata Contract price, less any claims paid, except as otherwise required by law. You may cancel
your Contract if you return the Product(s), or the Product(s) is sold, lost, stolen or destroyed.The following is added to the Arbitration provision: This
Arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau
of Electronic and Appliance Repair (BEAR). To learn more about this process, you may contact BEAR at 1-800-952-5210, or you may write to
Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or you may visit their Website at www.bear.ca.gov.
Colorado only: Actions under this Contract may be covered by the provisions of the "Colorado Consumer Protection Act" or "Unfair Practices Act", articles 1
and 2 of Title 6, C.R.S. A party to such a contract may have a right of civil action under such laws, including obtaining the recourse or penalties specified in
such laws.
Connecticut only: If we are unable to resolve any disputes with you regarding this Contract, you may file a written complaint with the State of Connecticut,
Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the
purchase price of the covered Product subject to the Contract, the cost of repair of the covered Product, and a copy of the Contract. The following is added to
the Cancellation provision: you may cancel this Contract if you return the covered Product or if the covered Product is sold, lost, stolen, or destroyed. The
following is added to the If You Need Service provision: If your Product is in a repair facility at the time of contract expiration, the expiration date will
automatically be extended until the repair is complete.
Florida only: The rate charged for this Contract is not subject to regulation by the Florida Office of Insurance Regulation. The following is added to the
Arbitration provision: While Arbitration is mandatory, the outcome of any Arbitration shall be non-binding on the parties, and either party shall, following
Arbitration, have the right to reject the Arbitration award and bring suit in a court of competent jurisdiction. The Arbitration action will take place in the county
where the insured resides.
Georgia only: Should any discrepancies arise between the English and Spanish service contract forms in the interpretation of a given issue, the English
version will take precedence in all matters. This Contract does not provide coverage for any and all pre-existing conditions known by you that occur prior to the
effective date of this Contract. The following is added to the Cancellation provision: You may cancel this Contract at any time. Cancellation will be in
accordance with O.C.G.A 33-24-44 of the Georgia Code. If you wish to cancel, you must notify the Administrator in writing or surrender the Contract to the
Administrator, whereupon the Administrator will refund the unearned Contract Price. No claim paid or incurred or cancellation fees shall be deducted from any
refund owed.
Hawaii only: The following is added to the Cancellation provision: A ten percent (10%) penalty per month shall be added to a refund that is not paid or
credited within forty-five (45) days after return of this Contract to Us and only to any cancellation received within the first sixty (60) calendar days after the date
we mailed a copy of the Contract to you or within twenty (20) days if it was provided to you at the time of sale. This provision applies only to the original
purchaser of this Contract.
Indiana only: Proof of payment to the Retailer that sold you this Contract constitutes proof of payment to American Bankers Insurance Company of Florida,
issuer of the insurance policy that insures Our obligation.
Maryland only: The following is added to the Cancellation provision: A ten percent (10%) penalty per month shall be added to a refund that is not paid or
credited within forty-five (45) days after return of this Contract to Us and only to any cancellation received within the first twenty (20) calendar days after the
date we mailed a copy of the Contract to you or within twenty (20) days if it was provided to you at the time of sale. This provision applies only to the original
purchaser of this Contract.
Michigan only: If the performance under this Contract is interrupted because of a strike or work stoppage at the company's place of business, the effective
period of the Contract shall be extended for the period of the strike or work stoppage.
Minnesota only: The obligations of the Provider under this Contract are insured by a policy of insurance issued by American Reliable Insurance Company
[11222 Quail Roost Drive, Miami, FL, 33157]. The Cancellation provision is amended to state that when cancellation occurs for nonpayment or material
misrepresentation the cancellation notice will be mailed to you five (5) days before cancellation takes effect and will state the reason for cancellation and
effective date. The following is added to the Arbitration provision: Any Arbitration shall take place in the state where you reside or at any other place agreed
to in writing by you and Federal Warranty Service Corporation.
Missouri only: The obligations of the Provider under this Contract 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 that any Covered Service is not paid within sixty (60) days after proof of loss has been filed,
including a claim for a refund of the unearned Plan Price, or we cease to do business or go bankrupt, you may apply directly to American Bankers Insurance
Company of Florida.
Nevada only: The purchase of the Contract as a condition of approval of a loan or the purchase of goods is not permitted. No claim incurred or paid shall be
deducted from the amount to be returned. The following is added to the Cancellation provision: A ten percent (10%) penalty shall be added to a refund that is
not paid or credited within forty-five (45) days after return of this Contract to Us and only to any cancellation received within the first sixty (60) calendar days
after the date we mailed a copy of the Contract to you or within sixty (60) days if it was provided to you at the time of sale. We shall pay the holder a penalty of
10% of the purchase price for each thirty day (30) period or portion thereof that the refund and any accrued penalties remain unpaid. Prior notice of
cancellation will be mailed to you within fifteen (15) days if cancelled due to nonpayment by you or material misrepresentation by you. This provision applies
only to the original purchaser.
New Hampshire only: In the event you do not receive satisfaction under this Contract, you may contact the New Hampshire Insurance Department at 21
South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416.
New Mexico only: The following is added to the Cancellation provision: If this Contract is returned within sixty (60) days from date of purchase and a refund
is not credited within sixty (60) days after the return, We shall pay the holder a penalty of ten percent (10%) of the purchase price for each thirty (30) day
period or portion thereof that the refund, and any accrued penalties, remain unpaid. This provision applies only to the original purchaser.
New York only: The following is added to the Cancellation provision: A ten percent (10%) penalty per month shall be added to a refund that is not paid or
credited within sixty (60) days after return of the Contract. This provision applies only to the original purchaser of this Contract.
North Carolina only: The purchase of a Contract is not required in order to obtain financing for the covered Product.
Ohio only: The obligations of the Provider under this Contract are insured by a policy of insurance issued by American Bankers Insurance Company of
Florida, [11222 Quail Roost Drive, Miami, FL 33157], [1-800-852-2244]. If we fail to perform or make payment due under the terms of the Contract within sixty
(60) days after you request performance or payment, you may apply directly to American Bankers Insurance Company of Florida, including, but not limited to,
any obligation in the Contract in which we must refund you upon cancellation of the Contract.
Oklahoma only: Oklahoma service warranty Statutes do not apply to commercial use references in service warranty contracts. Coverage afforded under this
Contract is not guaranteed by the Oklahoma Insurance Guaranty Association. The obligations of the Provider under this Contract are insured under a service
contract contractual liability insurance policy. Our obligations under the Contract are insured by a policy of insurance issued by American Bankers Insurance
Page 3 of 4
9/20/2013 http://store.sony.com/webapp/wcs/stores/servlet/ContentDisplayView?cmsId=esp_terms_c...
Company of Florida, [11222 Quail Roost Drive, Miami, FL 33157], or call the toll-free number at [1-800-852-2244]. The Cancellation provision is deleted and
replaced with the following: In the event the Contract is cancelled by you within sixty (60) days, and no claims have been made, the refund will be based upon
one hundred percent (100%) of the unearned pro-rata premium. If you cancel the Contract after sixty (60) days, or have made a claim within sixty (60) days,
the refund will be one hundred percent (100%) of the unearned pro-rata premium, less (a) ten percent (10%) of the unearned pro-rata premium or Twenty Five
Dollars ($25), whichever is less and (b) the actual cost of any service provided under the Contract. The effective date of cancellation is the date Sony receives
your request for cancellation. We reserve the right to cancel this Contract at any time in the event of fraud or material misrepresentation by you. If we cancel
this Contract, you will be provided with a written notice at least thirty (30) days prior to cancellation at your last known address, with the effective date for the
cancellation and the reason for cancellation. In the event the Contract is cancelled, the refund will be based upon one hundred percent (100%) of unearned
pro-rata premium, less the actual cost of any service provided under the Contract. If this Contract was inadvertently sold to you on a Product(s), which was not
intended to be covered by this Contract, we will cancel this Contract and return the full Contract Price of the Contract to you. The Arbitrationprovision is
deleted and replaced with the following: 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 Contract 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 Commercial 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, calling (800) 778-7879 or visiting www.adr.org. The filing fees to
begin and carry out Arbitration will be shared equally between you and us. This does not prohibit the arbitrator from giving the winning party their fees and
expenses of the Arbitration. Unless you and we agree, 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 not any state law on Arbitration. The Arbitration decision will not be binding on either party, and following such decision
either party may elect to bring suit in a court of competent jurisdiction with respect to the claim or claims considered in the Arbitration proceeding. 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. Please refer to the State Disclosures section of this Plan for any added requirements in your state. 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.
South Carolina only: If we do not timely resolve such matters within sixty (60) days of proof of loss, you may contact the South Carolina Department of
Insurance, Post Office Box 100105, Columbia, SC 29202-3105, or (800) 768-3467.
Texas only: If you have complaints or questions regarding this Contract, you may contact the Texas Department of Licensing and Regulation at the following
address and telephone number: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; (512) 463-6599 or (800) 803-9202
(Within TX only). The Registration number for Federal Warranty Service Corporation is 269. The obligations under this Contract 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 proof of loss has been filed, or if a refund or credit is not paid before the forty-sixth (46th) day after
the date on which the Contract is cancelled, you may apply directly to American Bankers Insurance Company of Florida. The purchase of this Contract is not
required in order to purchase or obtain financing. The following is added to the Cancellationprovision: This provision applies only to the original purchaser of
the Service Contract, and is not transferable. We will pay a penalty of ten percent (10%) per month on any refund that is not paid or credited within forty-five
(45) days after return of the Contract to Us.
Utah only: Coverage afforded under the Contract is not guaranteed by the Property and Casualty Guaranty Association. This Contract is subject to limited
regulation by the Utah Insurance Department. To file a compliant, contact the Utah Insurance Department. The following is added to the Cancellation
provision: No cancellation of this Contract shall become effective, unless we provide you with notice of such cancellation at least 30 days prior to the effective
date of cancellation and shall state the reason for cancellation. We may cancel for the following reasons: (a) nonpayment of Contract price of the Contract; (b)
material misrepresentation; (c) substantial change in the risk assumed, unless we should reasonably have foreseen the change or contemplated the risk when
entering into the Contract; or (d) substantial breach of contractual duties, conditions, or warranties. Under 6. Your Responsibilities, the following is added
under I. Failure to provide notice within ninety (90) days of any defect or deficiency 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.
Washington only: Obligations: The obligations of the Provider under this Contract are backed by the full faith and credit of the Provider. 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 Contract. All Arbitrations will be held in the county in which you maintain your permanent residence. The following is
added to the Cancellation provision: A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within sixty (60) days after
return of the Contract. The right to void this Contract is not transferable and applies only to the original purchaser of this Contract. The following Definitions are
added: Provider is the entity that is responsible for the administration of the Service Contract/Contract which is Federal Warranty Service Corp., [P.O. Box
105689, Atlanta, GA 30348-5689], [1-877-881-8578.] Provider Fee/ Contract Price means the consideration paid by you for the Contract. Service Contract/
Contract means a Contract which you have purchased for the Product described on the proof of purchase. Service Contract Holder/you means the person
who is the purchaser or holder of the Contract as shown on the proof of purchase. Service Contract Provider/we means Federal Warranty Service Corporation
who is contractually obligated to the Service Contract Holder under the terms of the Contract.
Wisconsin only: THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim
incurred or paid shall be deducted from the amount of your cancellation refund. The following is added to the TO OBTAIN SERVICE provision: Proof of loss
must be provided as soon as reasonably possible. Failure to furnish proof of loss within the time required does not invalidate or reduce a claim, unless we are
prejudiced thereby, and it was reasonably possible to meet the time limit. The Administrator of this Contract is Federal Warranty Service Corporation, [P.O.
Box 105689, Atlanta, GA 30348-5689], [1-877-881-8578].
Wyoming only: The following is added to the Cancellation provision: A ten percent (10%) penalty shall be added to a refund that is not paid or credited within
forty-five (45) days after return of this Contract to Us and only to any cancellation received within the first sixty (60) calendar days after the date we mailed a
copy of the Contract to you or within sixty (60) days if it was provided to you at the time of sale. The right to void this Contract is not transferable and applies
only to the original purchaser. If you purchased the Accidental Damage coverage, any reference to drops, liquid, spills or cracks is deleted.
[To review the General Privacy Policy of Federal Warranty Service Corporation, United Service Protection, Inc., and Assurant Service Protection, Inc.,
Assurant Solutions companies, please visit http://www.assurantsolutions.com/privPolGeneral.html].]
Page 4 of 4
9/20/2013 http://store.sony.com/webapp/wcs/stores/servlet/ContentDisplayView?cmsId=esp_terms_c...

Potrebbero piacerti anche