Refrigerated container extended warranty.
This Plan is not an insurance contract.
This Plan is valid for California customers only.
Products covered: Carrier and Thermoking brand refrigerated containers.
COVERAGE: Your Product(s) will be restored to normal operating condition if it/they has/have failed due to defects in materials and workmanship, normal wear and tear, dust, heat and humidity. This Plan covers re-installation as well as all labor and parts costs necessary to repair Your Product(s) for problems due to functional part failures. Genuine manufacturer’s parts will be used whenever possible; however, the use of non-original manufacturer’s and re-manufactured parts is allowed under this Plan.
Non-Repairable Products – If We, in Our sole discretion, determine that Your Product is not repairable, We will provide a new, rebuilt, or refurbished product of equal or similar features and functionality, or if a similar product is not available, We will issue a check up to the original purchase price of the Product, including sales tax.
IF YOU NEED SERVICE: Call customer service to arrange for service. We will try to complete service as quickly as possible; however, We are not responsible for delays caused by factors beyond Our control, including, but not limited to: manufacturer’s parts delay, shipping to regional service facilities, or acts of God. You have the duty to protect Your Product(s) against any further damage. If there is an emergency, please describe the nature of the emergency to Our customer service representative. During severe weather conditions and peak service, We will give priority to emergency calls. Emergency services will be available at no extra charge.
TRANSFERABILITY: This Plan may be transferred to a subsequent owner at no additional charge. Proof of purchase receipt as well as any service repair receipts, must be transferred to the new owner. To transfer, call customer service.
DEDUCTIBLE: This Plan has no deductible.
CANCELLATION: You may cancel Your Plan within the first thirty (30) days of purchase by calling customer service.
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. As used in this Provision, “You” and “Your” mean the person or persons who bought the Plan, bought the covered Products, or who is the registered owner with the Plan Administrator, and all of his/her/their heirs, survivors, assigns, and representatives. “We” and “Us” shall mean the Plan Provider, Plan Administrator, and Plan Seller identified above and shall be deemed to include all of their agents. Any and all claims, disputes, or controversies of any nature whatsoever (whether in Plan, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Plan or any prior Plan, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Plan (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA’s Rules and this Provision. You may obtain a copy of the AAA’s Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. The arbitration shall be held at a location selected by Us within the state in which this Plan was purchased. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be amended or construed to permit arbitration on behalf of a group or class. This Provision shall inure to the benefit of ad be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Plan. You 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. You and We understand and agree that because of this PROVISION neither You nor Us 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.
CONSUMER’S PROMISES AND ASSURANCES: In order to keep this Plan in force during its term, You must maintain the Product(s) in accordance with the service requirements set forth by the manufacturer’s specifications, including cleaning and maintenance. You must provide proper electrical requirements as specified by the manufacturer. In addition, You promise and assure: (1) full cooperation with the Plan Administrator, technicians and authorized servicers during diagnosis and repair of the Product(s); (2) accessibility to the Product(s); (3) a nonthreatening and safe environment for the service; (4) the presence of an adult at the time of scheduled service; and (5) that You will provide written or emailed notice of any defect or deficiency in service within ten (10) days of discovery.
EXCLUSIONS: This Plan does not cover any of the following:
(1) REPAIRS CAUSED BY ACCIDENT OR INTENTIONAL DAMAGE, SPILLED LIQUIDS, INSECT INFESTATION, MISUSE, ABUSE, PRODUCT(S) WITH ALTERED OR MISSING SERIAL NUMBERS; (2) UNAUTHORIZED REPAIRS AND DAMAGE CAUSED BY UNAUTHORIZED REPAIR PERSONNEL; (3) REPLACEMENT COST FOR LOST OR CONSUMER REPLACEABLE PARTS (SUCH AS KNOBS, MOTES, BATTERIES, BAGS, BELTS, BULBS, ETC.); (4) COSMETIC DAMAGE AND PROBLEMS DUE TO IMPROPER AND/OR NON-FACTORY AUTHORIZED INSTALLATION OR REPAIRS; (5) ACTS OF GOD; (6) PRODUCT(S) NOT ASSOCIATED WITH THE PURCHASE OF THIS PLAN; (7) ANY FEES RELATED TO THIRD PARTY CONTRACTS; (8) REPAIR OR REPLACEMENT DUE TO YOUR FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS; (9) ANY FAILURES, PARTS, AND/OR LABOR COST INCURRED AS A RESULT OF A MANUFACTURER’S RECALL; (10) REPAIR OR REPLACEMENT CAUSED BY DEFECTS THAT EXISTED PRIOR TO THE PURCHASE OF THIS PLAN AND KNOWN BY YOU; (11) SERVICE OR REPLACEMENT OUTSIDE THE CONTINENTAL USA;(12) CLEANINGS AND ALIGNMENTS UNLESS OTHERWISE NOTED; (13) THEFT OR LOSS; (14) HOT WATER RE-INSTALLATION COSTS OUTSIDE OF LABOR, SUCH AS ADDITIONAL LICENSING, PERMITS, OR OTHER PARTS REQUIRED BY LOCAL, COUNTY, OR STATE REGULATION; (15) LIABILITY OR DAMAGE TO PROPERTY, OR INJURY OR DEATH TO ANY PERSON ARISING FROM THE OPERATION, MAINTENANCE, OR USE OF THE PRODUCT(S); (16) COST OF PREVENTATIVE MAINTENANCE, OR DAMAGES CAUSED BY IMPROPER PREVENTATIVE MAINTENANCE; (17) SEIZED OR DAMAGED PARTS RESULTING FROM FAILURE TO MAINTAIN PROPER LEVELS OF LUBRICANTS OR COOLANTS, RESULTING FROM USING CONTAMINATED OR IMPROPER LUBRICANTS, RESULTING FROM STALE, CONTAMINATED, OR IMPROPER FUEL, OR RESULTING FROM FREEZING OR OVERHEATING; AND (18) PRODUCT(S) WITH SAFETY FEATURE(S) REMOVED, BYPASSED, DISABLED, OR ALTERED.