EXTENDED WARRANTY - TERMS AND CONDITIONS

1. Special Provisions
Note – Your Contract sales receipt and these terms and conditions, including the provisions, limitations, definitions and exclusions of this Contract, constitute the entire Contract.

Subrogation – In the event SARGENT-WELCH repairs or replaces any covered product due to any defect for which the manufacturer ("MFR") or its agents or suppliers may be legally responsible, you agree to assign your rights of recovery to SARGENT-WELCH. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights.

2. Programs
The following programs are available. The program actually purchased by you will be specified on the Contract face:

REPAIR PROGRAM - A covered product will be restored to normal operating condition after it has failed during normal school use, including failures due to power surges. The plan covers all labor and parts costs necessary to repair your covered product for problems due to functional part failures. Non-Repairable Products – If SARGENT-WELCH, in its sole discretion, determines that a covered product is not repairable; SARGENT-WELCH will replace the product with a product of like kind, quality and functionality. This Contract is deemed fully performed by replacement of the product and the coverage provided under this Contract shall not be transferable to any replaced product, unless otherwise required by state law. All defective products will become the property of SARGENT-WELCH, should SARGENT-WELCH unilaterally elect to exercise its rights to the property.

REPLACEMENT PROGRAM - SARGENT-WELCH will replace any product covered by this service contract that fails during School use. You will receive either a replacement product or a replacement voucher ("Replacement Voucher"), in SARGENT-WELCH’s sole discretion. You will be required to return your defective product, postage pre-paid by you, to a location specified by SARGENT-WELCH as a condition for receiving a replacement product or a Replacement Voucher. You will be responsible for packing the product in the original or comparable packaging to prevent further damage during shipping. You may be instructed to return the defective product to the Vendor where the product originated. If your covered product is found not to be defective, e.g. requires replacement of battery only to resume function, return shipping costs will be charged to you, cash on delivery. Upon replacement of the covered product or the issuance of a Replacement Voucher, this service contract is deemed fully performed as to the replaced product only and shall not be transferable to any replaced product, unless otherwise required by state law.

a. Replacement Product –Replacement shall be with a product of like kind (for purposes of this Contract, like kind means of like quality, capability and functionality – not brand) and will be shipped to you, postage pre-paid by SARGENT-WELCH.

3. Coverage Period
Your coverage begins and ends on the dates identified on the face of this Contract.

4. If You Need Service
Call the telephone number displayed on the face of this Contract to schedule service.

5. If the Owner of the Covered Product is Changing
You can assign the product coverage to another teacher or school by notifying SARGENTWELCH in writing at the address. The coverage will become effective when SARGENT-WELCH receives your written notice.

6. Contract Cancellation
a. You may cancel your Contract at any time for any reason – You must notify SARGENT-WELCH in writing or by telephone. Include your original Contract with the notification. SARGENT-WELCH will accept your cancellation and determine, if applicable, the pro- rated amount of the refund based on the calculation in subsection b, below.

b. Refund Calculation – If canceled by you, your refund will be calculated as follows: (1) if your Contract and cancellation notice are received within 30 days of the purchase date of this Contract, you will be refunded the full Contract price; (2) if your Contract and cancellation notice are received after 30 days from the purchase date but before the effective date of this Contract, as indicated on the face of this Contract, you will be refunded the full Contract price, less an administrative fee of 10% of the Contract price or $25, whichever is less, unless otherwise precluded by law; and (3) if your Contract and cancellation notice are received after the effective date of this Contract, you will be refunded a pro-rated amount of the Contract price, less any claims paid, less an administrative fee of 10% of the pro-rated Contract price or $25, whichever is less, unless otherwise precluded by law.

c. Cancellation by SARGENT-WELCH – If SARGENT-WELCH cancels the Contract, for any contractual reason, fraud, misrepresentation or non-payment by you, return of premium will be based on 100% of the unearned pro-rata Contract price.

7. Contract Limitations
a. Indirect Damages – IN NO EVENT WILL SARGENT-WELCH BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING DIRECTLY OR INDIRECTLY TO THIS SERVICE CONTRACT.

b. Renewals –SARGENT-WELCH is not obligated to renew your Contract.

c. Non-Original Manufacturer and Re-Manufactured Parts – Genuine factory parts will be used whenever possible; however the use of non-original manufacturer and re-manufactured parts is allowed under this Contract.

d. Lemon Policy – SARGENT-WELCH will replace a covered product or part should the same major failure occur to the product or part service on 3 separate occasions within a 12-month period after the Contract effective date.

e. Limitation of Liability – To the extent permitted by applicable law, the liability of SARGENT-WELCH, if any, for any allegedly defective covered product or part shall be limited to repair or replacement of the product or part at SARGENT-WELCH’s option, and the liability of SARGENT-WELCH, if any, for damages relating to any defective covered product or part shall not exceed your purchase price for the product or part in question. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED.

8. Governing Law
Unless otherwise governed by applicable state law, your Contract shall be interpreted and enforced according to the laws of the State of Illinois.

9. Consumer’s Promises and Assurances
In order to keep this Contract in force during its term, you promise and assure: (1) full cooperation with SARGENT-WELCH and authorized servicers during diagnosis and repair of the covered product; (2) accessibility of the covered product; (3) that the covered product is not used for commercial purposes; and (4) that you will provide notice (written or by telephone) of any defect or deficiency in service within 90 days of discovery.

10. What is Not Covered – Your Contract does not cover:
a. components, products or items not specifically listed herein; b. consumer replaceable items such as batteries, tapes, ribbons, bulbs, hoses, water membranes, air filters, water filters, fuses, belts, knobs, removable data storage media; c. any repair covered by a MFR’s original warranty or initiated by the MFR, or recall program whether the MFR is in business or not and all new products with less than an original 90 day MFR’s parts & labor warranty and costs associated with MFR’s recommended normal maintenance; d. unauthorized repairs performed by third parties, inaccessible products, theft; e. failures of components such as cabinets, frames, masks, finish defects, glass, scratched lenses; f. damage or failures caused by conditions beyond SARGENT-WELCH’s control such as inadequate plumbing, wiring, power supply, rust, corrosion, infestation, negligence, abuse, misuse, acts of God, failure to follow MFR’s recommended maintenance, improper installation, leaking batteries, problems with phone lines; g. repair or replacement caused by defects that existed prior to this Contract purchase; h. water filtration systems where water is microbiologically unsafe or of unknown quality when there has not been adequate disinfection before or after the system, such as single-user wells, or other non-public water systems not regulated by federal or state health and safety requirements; i. any costs associated with repairs, replacements or maintenance resulting from the failure or inability of covered product(s) to correctly recognize, process, interpret, distinguish, or accept date data related to the century change or data field recognition of a century change prior to, during or after calendar year 2000 AD, including hardware, software and firmware, as well as all other electronic equipment or components; j. products used for commercial purposes; k. loss or damage to recording media, software or data; computer viruses, software defects or software generated problems; l. shipping damage to products resulting from inadequate packaging by you; m. open box or "as is" products.