The XpresServ Warranty Service Plan for Televisions
Terms & Conditions
This is an extended service plan contract. By purchasing it, you understand that it is a legal contract and acknowledge that you have had the opportunity to read the terms and conditions set forth therein. Your warranty contract receipt and your original purchase receipt, contain the effective purchase date of your product.
For Extended Service Plans purchased after March 1, 2012: Refer to the following Terms and Conditions from A rated Safeware (the extended service plan administrator)
Safeware Extended Service Plans Terms and Conditions. Here is a summary of some of the major items:
For Extended Service Plans purchased Before March 1, 2012:
a) -Plan Coverage begins from the date of purchase of the product but the manufacturers warranty must be utilized during the first year (or 90 days for refurbished products) except in the case of power surges that cause defects.
b) This plan Repairs or Replaces your TV or Tablet. There are no depreciated value buyout clauses.
c) Replacement product may be new or refurbished
d) No deductibles and 100% coverage inside of 35 miles radius (outside customer pays only the extra charge or carry-in)
e) Limit of Liability for repair or replacement is the original cost of your product new.
f) Local authorized service center repair
g) Refurbished TVs with 90 days warranty for which the extended warranty is purchased within one month after product purchase
h) Fully insured extended warranty coverage by AM Best rated insurers
i) Pixel defects are covered the same as the manufacturers warranty
Definitions: . “You” and Your” indicates the purchaser of this extended service plan or the person to whom it was properly transferred. “We”, “us” or “our” refers to the Administrator of this plan. XpresServ Warranty can be contacted here, 981 Joseph E. Lowery Blvd. Ste 103, Atlanta, GA 30318.v
Coverage: The XpresServ™ Warranty TV extended service plan covers parts and labor to repair your plasma TV, LCD/LED TV, and rear projection and front projection DLP or LCD/LED TV in the event the TV fails to operate properly due to:
a) a defect in materials and workmanship
b) a power surge or fluctuation
c) defective pixels based on the manufacturers warranty policy for defective pixels.
Term of Coverage: Coverage is effective upon one year and one day from the date of purchase. During the manufacturer's warranty period all repair or replacement costs are the sole responsibility of the manufacturer with the exception of defects caused by power surge or lightning during the first year (if the manufacturer's warranty excludes this coverage). After one year from the date of purchase, the XpresServ™ warranty will furnish all labor and replacement parts necessary to maintain your covered product in good operating condition.
No Lemon Policy: After three qualified service repairs of your TV or product and that TV requires a fourth repair, we will replace it with a product of comparable performance of like kind and quality, not to exceed the original TV purchase price. Replacement products may be new or refurbished. This benefit does not supersede the Limits of Liability for the service plan.
Repair or Replace Option: If service is needed because of a product failure during normal usage, the Administrator has the option to repair or replace the defective product with a product of equal or similar features and functionality either new or refurbished, though in some cases this may not be the same brand. If the exact TV size is no longer available in the same TV technology, the closest TV size smaller may be chosen for replacement purposes. Repair of resolution (pixels) failure must match the factory minimum standards before an authorized repair occurs. Products that do not carry an original manufacturer's parts and labor warranty for any reason are ineligible for our television extended service plan coverage.
Technological advances may result in a replacement product with a lower selling price than the original product. No refunds will be made based on the replacement product cost difference. The most we will pay on any single repair or replacement is the price paid for the original product (or a one time payout of that amount), excluding taxes. If the product is replaced in its entirety, the maximum liability has been met under the extended service plan contract and there will no longer be coverage under the terms of the contract. In no event shall the obligation to administer claims extend beyond the terms of coverage of the extended service plan commencing upon the date of product purchase.
Obtaining Repair or Replacement Service: The TV extended service plan administrator will be listed on the warranty contract receipt and the extended service plan contract along with an accessible toll free contact phone number. Once you have correctly placed the order for the XpresServ Warranty service plan, there is no further registration necessary on your part.
If your covered TV needs repair during the extended service plan period you are required to call the service plan administrator to obtain authorization prior to having repairs made. The Administrator may perform a telephone diagnosis of the product failure to determine whether or not it is defective. For faster service, please have your dated proof of purchase (sales receipt/warranty contract) available when you place the call. If the covered product is still covered by the manufacturer's warranty or soon after the manufacturer's warranty period, you may be required to call the manufacturer to obtain service. All repairs must be approved before they are performed. The extended service plan administrator will not reimburse for repairs performed without prior approval or performed by unauthorized service centers. For rear projection televisions there is one lamp replacement during the term of the Service Contract. The Administrator will determine through troubleshooting if lamp failure is due to normal usage and determine if a replacement lamp is required. If required the Administrator will send a replacement lamp to You. Installation of replacement lamps are the responsibility of the plan owner.
Do not return the product to your retailer unless so instructed by the TV extended service plan administrator.
When you receive authorization for repairs, the service plan Administrator will direct you to a designated authorized service center. A copy or original proof of purchase (sales receipt), and a brief description of the problem must accompany the product.
A copy or original proof of purchase (sales receipt) must be kept for inspection by the extended service plan Administrator. Service under the extended service plan may be excluded and the TV service plan canceled if a copy of original proof of purchase of the TV is not provided. If the extended service plan is canceled by the Administrator for this reason, the pro rata portion of your extended warranty service plan amount will be refunded.
In-Home/On-site Service: The extended service plan includes in home service from the repair center for TVs costing more than $500. TVs costing $500 or less are eligible for carry-in service, or the plan owner may choose to ship the TV to the service center. In the event the TV must be shipped rather than carried in to the service center, the service plan Administrator is not liable for freight charges or damages to product due to improper packaging or freight damages to product. If the original manufacturer's warranty for a particular model does not include in home/on-site service on a particular TV model then the XpresServ Warranty plan reflects this.
For TVs costing more than $500 in-home service is available. In many cases, the XpresServ authorized repair center must complete the repair at the repair center in which case the repair center will pick up the TV and return the TV, when available. TVs must be de-installed and ready for pickup from wall mounting applications or home theaters prior to the on-site visit from the repair center. The repair center is not responsible for re-installing your TV upon return. If the covered TV is located beyond a 35 mile radius of an XpresServ authorized repair center, You may be required to ship or transport the TV to the designated authorized repair center. If the XpresServ authorized repair center does not perform in-home service calls, you may be required to transport the TV to the service center location - regardless of whether or not it is within 35 miles.
In-home/On-site or carry-in service will be available during normal business hours.
Authorized Service Centers: In many cases we will utilize manufacturers authorized service centers. However, many manufacturers do not maintain complete coverage or their authorized service centers do not fall within our guidelines for service. Therefore, we may authorize service centers (XpresServ authorized) to repair your TV based on our experience with the service center. These pre-qualified service centers may or may not be "authorized" with the manufacturer. Many times this results in a much fast repair and better service to the customer as we maintain records of repair results.
Power Surge Protection: This Service Agreement protects against the operational failure of a covered Product resulting from a power surge while properly connected to an Underwriter Laboratories-approved surge protector. You may be asked to provide your surge protector for examination.
Availability of Service: While we attempt to complete service as quickly as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer's delays, parts availability, or Acts of God.
No Deductibles: There are no deductibles due under this service plan.
Service Plan Limits of Liability: The total aggregate payment(s) for all claims under this contract shall not exceed the original cost of the TV or product. The total payment for any one time repair, payout, or replacement shall not exceed the original cost of the TV or product. Replacement TVs or products will be of like quality and may be new or refurbished. Replacement TVs may or may not be of the same brand depending on the features of the TV. In the event the same size TV is not available, the next closest smaller size may be chosen for the replacement. In the event the TV or product is replaced in full, or a one time payout equal to the cost of a replacement TV or product is paid, the maximum liability has been met under the extended service plan contract and there will no longer be coverage under the terms of the contract.
Important Consumer Information: This XpresServ Warranty extended service plan is deemed a service contract under federal law. If the covered television (either plasma, LCD/LED or DLP) is deemed non-repairable or repair parts become unavailable during the coverage period of this plan, the Administrator (backed by the Obligor; underwriter) will replace the television with a new or refurbished TV of equal or similar features and functionality, though not necessarily the same brand. In no event shall the Obligor, Administrator, or XpresServ Warranty be liable for any damages as a result of the unavailability of repair parts, or delays as a result thereof. The Administrator and/or insurance underwriter own all parts removed from the repaired TV and any complete TV replaced in its entirety and may request return of the original defective product to the Administrator prior to replacement. DTVExpress and XpresServ Warranty reserve the right to reject orders for extended warranty coverage for any reason, including but not limited to: declined credit card, fraudulent information, products not covered under the plan, products outside or close to time limits for ordering, incomplete information given when ordering.
Transfer: This Service Contract may be transferred to an eligible party to whom You sell or give the equipment while this Service Contract is in force. The original sales receipt must be transferred as well to be eligible for service. This transfer may be accomplished only if you notify the Administrator by mail with the name and address of the new owner within 15 days of the change of ownership. There is no charge for transfers.
Renewals: The Administrator may, at their option, renew Your Service Plan Contract. The Administrator is not required or obligated to offer You another Service Contract. In the event You are offered a renewal Service Contract, You will be notified of the terms and conditions and the Service Plan Contract fees that will apply to the renewal.
Cancellation: Except where the law of any state differs, you may cancel this contract within 30 days from the date of purchase to receive refund minus a 10% processing fee. If this service plan contract was purchased by you, or sold to you, on a product which is not covered by the service plan contract, upon discovery of same, the Administrator will cancel this contract and return the purchase price of the service plan contract minus a 15% processing fee. If the extended service plan was ordered after the applicable deadline, your plan may be cancelled and refunded by the Administrator minus a 18% processing fee. The Administrator may cancel this service plan contract at its option on the bases of fraud or misrepresentation on a pro-rata basis.
The repair service providers we contract with are third party providers of service. Both the customer and DTV Express/XpresServ Warranty are subject to the terms and conditions of the third party provider and their normal operating procedures in order to obtain service. Otherwise, service may not be obtained.
Exclusions from Coverage:
Neither XpresServ™ Warrranty nor the extended service plan Administrator cover the following under the TV extended service plan:
Any loss or damage resulting from: A pre-existing problematic condition (such as a mechanical fitness issue) prior to purchase and issuance of the extended service plan.
Failure resulting from Improper Packaging for shipment to a service center.
Failure or irregularities resulting from using peak contrast settings or Dynamic or Vivid Picture settings that causes image retention, pixel wear and tear, a dim picture, irregular banding, coloration on a white background. Televisions should be used with moderate picture settings.
Improper installation of components by you or an unauthorized repair center resulting in mechanical failure to your television.
Physical damage to any part of the TV for any reason including but not limited to water, dust or moisture damage, improper usage of the product, dropped product, collision with another object, transportation damage, damage to the outside casing, abuse, misuse, neglect, vandalism, accidents, collapse, earthquake, spillage of any kind, fire, flood, corrosion, sand, dirt, lightning, freezes, storms, intentional or accidental damage by third parties.
If the actual date of manufacture of the TV (as posted on the back of the TV) is older than 12 months at the time the warranty service plan order is placed, the TV is not eligible for service under the XpresServ Warranty Service Plan. Any service plans which are held under this condition will be refunded minus an administration fee of 15%.
Refurbished TVs or TVs that have been used extensively as display models (Note: As of Summer 2012 we have begun selling extended warranties for refurbished TVs under our Refurbished TV Extended Warranty Section.).
Mechanical failure of any part of the TV resulting from physical damage to the TV. Any connection issues with outside (the TV) wireless devices.
Mechanical failure of any part of the TV resulting from abuse, neglect, spillage, intentional or accidental damage by you or third parties, interruption of gas or electrical service, environmental conditions.
Failure to reset the timer after a lamp replacement in a DLP or LCD rear projection TV; dimming; exploding lamps; installation of an incorrect lamp.
Televisions installed for outdoor use, or defects caused by televisions that have been used or stored outdoors or in a non-temperature controlled environment.
Any viewing irregularities, imperfections, quality issues or defects when displaying 3-D content on 3-D compatible TVs. In TVs containing a built in DVD player, any defect concerning the DVD player portion of the TV is not covered by the TV service plan. Any irregular viewing quality issues displayed by any type of TV including but not limited to blooming, strobing, judder, blurring, color shift, an imbalance of back lighting in one or more areas of the TV, screen uniformity or color uniformity. Any calibration adjustments or other that can be performed by an ISF or similar calibration or technical specialist to correct picture quality attributes.
Any viewing or audio irregularity that may be caused by broadcast, cable or satellite abnormalities or connection thereof. Viewing irregularities or connection or functionality problems with Internet TV, or Internet TV related devices or services. A DVD player will be the standard testing device to determine working functionality.
The universal connectivity feature in remote control devices and connection to devices other than the TV from such devices.
Non-functioning HDMI input jacks that do not work due to normal wear and tear or abuse.
Repairs made under a manufacturer's warranty; recall or rework, regardless of manufacturer's ability to pay for such repairs; repairs made under the manufacturer's warranty for the exact same problem diagnosis; plasma television burn in phosphor; TVs with removed or altered serial numbers; plasma televisions in use at or above 6500 feet unless designed by the manufacturer for use above 6500 feet above sea level; pixel burnout not in accordance with the manufacturer's specifications; television screen imperfections , including burn-in caused by video games, prolonged display of one or more signals, or other abuse. All display products that are used in an application that requires continuous business and/or commercial operation; components and products used for commercial purposes; products provided for public use or rental. The extended service plan does not cover "no problem found" diagnosis or diagnosed problems previously repaired under the manufactuer's warranty from the manufacturer or an authorized service center. The extended service plan program owner will be respnsible for any costs when a "no problem found" diagnosis is established by the servicer.
Mechanical failure or defects caused by insufficient repairs made during the manufacturers warranty period.
Special, indirect, or consequential damages which include, but are not limited to, any delay in rendering service, loss of data, or loss of use during the repair period of the product(s) or while otherwise awaiting parts, or malfunctioning of or damage to an operating part of the equipment.
Abusive language, activity or repeated uncooperative behavior by the customer directed toward a service repair center or DTVExpress could result in us cancelling your warranty service and refunding your money.
A copy or original proof of purchase (sales receipt) must be kept for inspection by the extended service plan Administrator. Service under the extended service plan may be excluded and the TV service plan canceled if a copy of original proof of purchase of the TV is not provided. If the extended service plan is canceled by the Administrator for this reason, the pro rata portion of your extended warranty service plan amount will be refunded. The original sales receipt or invoice must be from a legitimate retailer selling new non-refurbised merchandise. Sales Receipts from auction houses or sites, individuals, or merchants selling a large concentration of refurbished, or gray market goods (non-U.S. product) will not be accepted and the extended service plan cancelled.
Please make certain your TV is defective before calling for service. Often the best way to test is by playing a DVD player on your TV through various inputs. If service and requested and provided and no covered defect is found, you the service plan contract holder are responsible for bearing the costs of the service diagnostic.
Disclaimer of Certain Liabilities: Under no circumstances the dealer, the Administrator, the Obligor, or XpresServ Warranty be liable for indirect, consequential, or incidental damages, even if any party has been advised of the possibility of such damages. This service plan will not cover any defects that are subject to a manufacturer's program of reimbursement. This plan is not a warranty or insurance policy; but a service contract.
Please refer to the specific state disclosures to confirm any individual state requirements. Individual state disclosures supersede any other included contrary terms or provisions in this service plan contract.
ARIZONA RESIDENTS: If your written notice of cancellation is received prior to the expiration date, the Administrator shall refund the remaining pro-rata price, regardless of prior services rendered under
the Plan. The pre- existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by the Obligor, its assignees, subcontractors and/or representatives.
CALIFORNIA RESIDENTS: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the Plan is canceled: (a) within sixty (60) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan provided no service has been performed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received.
CONNECTICUT RESIDENTS: The expiration date of this Plan shall automatically be extended by the duration that the product is in our custody while being repaired. In the event of a dispute with the Administrator, you may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of the Plan.
FLORIDA RESIDENTS: The Plan shall be canceled by us for fraud or material misrepresentation, including but not limited to commercial or rental use. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the Plan by us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This Plan can be canceled by you at any time for any reason by emailing, mailing or delivering to us notice of cancellation. If the Plan is canceled: (a) within thirty (30) days of the receipt of the Plan, you shall receive a full refund of the price paid for the Plan provided no service has been
performed, or (b) after thirty (30) days, you will receive a refund based on 100% of unearned pro
rata premium less any claims that have been paid or less the cost of repairs made by us. If we cancel the Plan, the return premium is based upon 100% of the unearned pro rata premium.
GEORGIA RESIDENTS: This Plan shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the Plan and we shall refund the excess of the consideration paid for the Plan above the customary short rate for the expired term of the Plan. This Plan excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you.
ILLINOIS RESIDENTS: You may cancel this Plan: a) within thirty (30) days after its purchase if no service has been provided and a full refund of the Plan price, less a cancellation fee not to exceed the lesser of ten percent (10%) of the Plan price or fifty dollars ($50.00); or b) at any other time and a pro rata refund of the Plan price for the unexpired term of the Plan, based on the number of elapsed months less the value of any service received, and the cancellation fee not to exceed the lesser of ten percent (10%) of the Plan price or fifty dollars ($50.00).
NEVADA RESIDENTS: If the plan is canceled, no deduction shall be made from the refund for the cost of any service received. This Plan may be canceled due to unauthorized repair which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed.
NEW MEXICO RESIDENTS: If this Plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Plan term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Plan; (3) you engage in fraud or material misrepresentation in obtaining this Plan; (4) you commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increase the service required under this Plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Plan.
NORTH CAROLINA RESIDENTS: The purchase of this Plan is not required either to purchase or
to obtain financing for a home appliance.
OKLAHOMA RESIDENTS: This plan is not issued by the manufacturer or wholesale company marketing the product covered by this plan. This plan will not be honored by such manufacturer or wholesale company. If either you or we cancel this plan, the return of the plan price will be based upon one hundred percent (100%) of the unearned pro rata price of the plan, less the cost of any service received. XpresServ Warranty is the obligor under this plan.
SOUTH CAROLINA RESIDENTS: To prevent any further damage, please refer to the owner’s manual. In the event the service Plan provider does not provide covered service within (60) days of proof of loss by the Plan holder, the Plan holder is entitled to apply directly to the Insurance Company. If the Insurance Company does not resolve such matters within sixty (60) days of proof of loss, they may contact the SC Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, (800) 768-3467.
TEXAS RESIDENTS: If you purchased this Plan in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone
number (512) 463-2906 or (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Plan is returned to the provider.
UTAH RESIDENTS: NOTICE. Coverage afforded under this Plan is not guaranteed by the Utah
Property and Casualty Guarantee Association. This Plan may be canceled due to unauthorized repair which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this Plan due to fraud or material misrepresentation, you will be notified 30 days
prior to the Plan cancellation. If we cancel this Plan due to non-payment, you will be notified 10 days prior to the plan cancellation.
WASHINGTON RESIDENTS: You may apply directly to the insurance company.
WISCONSIN RESIDENTS: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This Plan shall not be canceled due to unauthorized repair of the covered equipment, unless we are prejudiced by your failure to obtain such authorization. We will not exclude unauthorized repair of the covered equipment, unless we
are prejudiced by your failure to obtain such authorization. If you cancel this Plan, no deduction shall be made from the refund for the cost of any service received. This Plan is backed by a contractual liability policy with limits of liability of $5,000 per claim and $25,000 in aggregate per Plan.
WYOMING RESIDENTS: 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 the Plan to us.
Note: If your warranty was purchased prior to December 2009 (or DLP TV extended warranties prior to July 2010) the following administrator terms and conditions apply. In any areas of conflicting terms, the administrator's terms will supercede.