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Five Year Accident Protection Plan (Pets Included)

5 Year Accident Protection Plan
(Pets Included)

Summary Terms & Conditions

This Agreement is not a Contract of insurance 

DEFINITIONS

  1. "We", "Us" and "Our" mean the company obligated under this Agreement, MTL Partner's LLC dba www.leatherfurnitureexpo.com 101 Towne Center Blvd, Sanford, FL 32771 (800-737-7702) in all states except Alaska & Hawaii where we currently do not service.
  2. "You" and "Your" mean the purchaser of the Covered Product(s) and any authorized transferee/assignee of the purchaser;
  3. "Administrator" means MTL Partner's LLC dba www.leatherfurnitureexpo.com 101 Towne Center Blvd, Sanford, FL 32771 (800-737-7702)
  4. "Selling Retailer" means the entity selling the covered furniture and this Plan;
  5. "Covered Product" and "Covered Furniture" are interchangeable terms and mean the consumer furniture item(s) which you purchased concurrently with and covered by this Plan.

1 . PRODUCT ELIGIBILITY AND TERMS

This Plan applies to fabric, leather and vinyl upholstery, and wood and other hard surface furniture purchased as new, which at the time of purchase included a manufacturer's original written warranty valid in the United States. In order to be eligible for the manufacturer defect coverage portion of the Plan, either the manufacturer's original written warranty or a combination of the manufacturer's original 90-day or more warranty and the selling dealer's warranty must provide at least 12 months parts and labor coverage.

This Plan begins on the date of the product purchase or delivery date, whichever is the latest date, and will provide service to the original purchaser for covered furniture for a total of 3 years or 5 years, as noted on your sales receipt, from the date of delivery. If under the terms listed below, an item becomes accidentally stained or damaged during normal residential use, the Administrator may, at its discretion, either send you a stain removal kit and/or engage a professional technician to service the problem at no cost to you. If the covered stain cannot be resolved, the Administrator, at its discretion, will replace the affected portion or the complete item(s). Replacement items will be the same as or similar to the original item purchased, provided the price of the replacement meets the full liability under the Plan. If an entire item of furniture is replaced, the replacement furniture is not eligible for coverage under this Plan. However, the replacement of a part or piece of furniture does not end Plan coverage. Any furniture originally covered by the Plan and not replaced will remain under coverage for the remaining term of the Plan. Any replaced furniture under this Plan becomes the property of the Administrator. This Plan does not cover pickup, maintenance inspections, crating or delivery freight charges. Replacement parts or furniture will be ordered from the retailer from which you originally purchased your furniture. If the retailer is not able to replace the item originally purchased or provide a satisfactory substitute item, you will be given a refund of the purchase price of this Plan, less any claims payments made to you under this Plan, in lieu of replacement of your furniture and your Plan will terminate.

2. COVERAGE:

This Plan defines "Accidental" as a single, unexpected and unintentional event and does not include accumulated damage from continual or multiple events. The use of this Plan requires an explanation of where and when the accident occurred as well as a detailed description of the actual event.

For fabric, leather and vinyl upholstery and rugs:

All accidental stains including, but not limited to, those caused by:

  • food and beverages.
  • nail polish and nail polish remover stains or damage.
  • human and pet body fluid stains.
  • ink and marking pen stains.
  • candle wax.
  • jean dye transfer.
  • paint.
  • bleach

Accidental damage (single incident coverage):

  • all pet damage.
  • punctures, rips, tears and burns.
  • cracking and peeling of leather.
  • Breakage of frames, springs, sleeper mechanisms, reclining mechanisms, heating and vibrating mechanisms.
  • Up to $50 per seat cushion total coverage for the term of the Plan on any of the following:
    • seam stitching that comes loose on seat cushions;
    • Damage to seat cushion zippers;
    • loss of seat cushion foam resiliency in excess of 20%.

For case goods and other hard surface furniture:

All accidental stains including, but not limited to, those caused by:

  • food and beverages.
  • human and pet bodily fluids.
  • nail polish and nail polish remover stains or damage.
  • ink and marking pen stains.
  • candle wax.
  • paint.
  • bleach.

Accidental damage (single incident coverage):

  • pet damage.
  • nail polish remover damage.
  • liquid marks, stains or rings.
  • breakage.
  • scratches, gouges, dents or chips that penetrate the finish exposing the substrate. cigarette burns, singes and heat marks.
  • checking, cracking, bubbling or peeling of finish caused by a specific incident.
  • accidental bending or breakage of structural metal components. breakage, chips or scratches of glass or mirrors.

Manufacturer Defects:

  • separation of frame components.
  • structural defects to frames, warping and frame breakage/cracking.lifting of veneers and laminate finishes.
  • warping.
  • Loss of silvering to mirrors.
  • failure of integral electrical components, such as massagers and heaters.
  • failure of motors, lift mechanisms, adjustable beds, adjustable bases, power recliners, power sofas, power sectionals and power lift chairs.

3. IF YOUR FURNITURE NEEDS REPAIR/ STAIN REMOVAL:

In the event that a repair and/or stain removal of the covered furniture is needed, you are required to call us at (800)737-7702 between the hours of 10:00AM and 5:00PM eastern standard time or go online to www.safeware.com to report the need for service. All repairs and/or stain removals must be authorized by the Administrator prior to the performance of service. For faster service, please have your dated proof or purchase (sales receipt that details the retailer, the purchase date, the delivery date, the Plan purchased, the items covered by the Plan and their purchase cost) available when you call. If the product is still covered by a manufacturer's warranty, you may be directed to call the manufacturer prior to being referred to a service center. All repairs/stain removals must be approved before they are performed.

Service will be performed during normal business hours.

Do not return the covered furniture to your retailer for repair or stain removal unless so instructed by the Administrator.

If your Plan expires during the time of an approved repair or replacement, this Plan is extended until the repair or replacement has been completed.

While we try to complete service as quick as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to manufacturer's delays, shipment to a service facility or acts of God.

4. LIMIT OF LIABILITY

The limit of liability for your covered furniture under the Plan is the cost of authorized repairs or replacement as determined by the Administrator, with a product of similar features. In no event will the total liability for repairs or replacement exceed your purchase price for the covered furniture, excluding sales tax, diagnostic fees, delivery and installation costs. Upon replacement of an entire item of furniture, there is no longer any obligation for the replaced product under this Plan.

SERVICE COSTS, TRIP CHARGES, BREAKDOWN CHARGES, INSPECTION FEES, DIAGNOSTIC FEES OR ESTIMATE CHARGES FOR REPAIRS NOT COVERED UNDER THIS AGREEMENT ARE YOUR RESPONSIBILITY.

5. WHAT IS NOT COVERED:

  • Products not originally covered by a manufacturer's warranty;
  • Product repairs that should be covered by the manufacturer's warranty or are a result of a recall, regardless of the manufacturer's ability to pay for such repairs;
  • Cleaning; Periodic checkups; preventive maintenance;
  • Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold used or "AS-IS", including but not limited to floor models, demonstrations models, etc.;
  • Part or repairs due to normal wear and tear unless tied to a breakdown, and items normally designed to be periodically replaced by you during the life of the product, including but not limited to batteries, light bulbs;
  • Abuse, misuse, mishandling; unauthorized modifications or alterations to your covered furniture;
  • Failure to follow the manufacturer's instructions;
  • Loss or damage caused by war; invasion; act of foreign enemy; hostilities; civil war; rebellion; riot; strike; labor disturbance; lockout; or civil commotion;
  • Incidental, consequential or secondary damages or delay in rendering service under this Plan; loss of use during the period that the covered furniture is at an authorized service center or awaiting parts;
  • Any product used in a commercial setting or rental basis;
  • Failures that occur outside of the 48 states of the United States of America and the District of Columbia;
  • Unauthorized repairs and/or parts;
  • Cost of installation, setup, diagnostic charges, removal or reinstallation of the covered product, except as provided herein;
  • Any other loss other than a covered breakdown;
  • Service where no problem can be found; noises; squeaks; Breakdowns which are not reported during the term of this Agreement;
  • Any stain or damage occurring prior to or during delivery, while furniture is being moved between residences or into and out of storage;
  • Any stain or damage caused by sun fade, smoke, fire, flood or other natural disaster, insects, exposure to weather; windstorm; sand; dirt; hail; earthquake; acts of God; theft, vandalism or illegal act;
  • Any stain or damage caused by any third party, including any independent contractor, such as, but not limited to, plumbers, painters, or other service or maintenance personnel.

IN NO EVENT SHALL THE COMPANY OR ANY OF THE COMPANY'S AGENTS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR NEGLIGENCE. THIS CONTRACT WILL NOT COVER LOSS OR DAMAGE NOT SPECIFICALLY LISTED UNDER "WHAT IS COVERED".

6. CONDITIONS

  • Renewal: The Plan is not renewable. 
  • Transferability: This Agreement is transferable by the original purchaser for the balance of the original extended protection period. The Covered Product may be registered by mailing a copy of this Plan and Declaration Page to the Administrator, and providing the date of new ownership, new owner's name, complete address, and telephone number. The manufacturer's warranty may not be transferrable. This Plan does not replace the manufacturer's warranty and provides no coverage therein, except as noted above.
  • Territories: The agreement territory is limited to 48 states in the United States of America, including the District of Columbia, only. It does not include Canadian or U.S. Territories including Guam, Puerto Rico, or U.S. Virgin Islands.
  • Subrogation: If we pay for a loss, we may require you to assign us your rights of recovery against others. We will not pay for a loss if you impair these rights to recover. Your rights to recover from others may not be waived. You will be made whole before we retain any amount we may recover.
  • Arbitration: In the event of a disagreement between you and us concerning costs, either party may make a written demand for arbitration. This must be done within sixty (60) days after the day you filed your claim. Each party will select an arbitrator. The two (2) arbitrators will select an umpire. Each party will pay the expenses of the respective arbitrator selected. The expenses of the umpire will be shared equally. Unless both parties agree otherwise, arbitration will take place in the county and state in which you live. Local rules will apply. A majority decision will be binding. State Variations Apply 
  • Cancellation: You may cancel this Agreement for any reason at any time. If you cancel your Plan within thirty (30) days of receipt of your Agreement you must first return to the Selling Retailer for a full refund. If you cancel after thirty (30) days of receipt of your Agreement, you must first return to the Selling Retailer or to the Obligor should the Selling Retailer not be available, and you will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by you, or if required to do so by a regulatory authority. Notice of such cancellation will be in writing and given at least (30) days prior to cancellation. If we cancel, the return premium is based upon one hundred percent (100%) of the unearned pro-rata premium.

7. IMPORTANT CONSUMER INFORMATION

This Contract, including the terms, conditions, limitations, exceptions and exclusions, and the sales receipt for your covered product, constitutes the entire agreement and no representation, promise or condition not contained herein shall modify these items, except as required by law.

8. DISCLAIMER OF CERTAIN LIABILITIES

Under no circumstances shall the retailer, the Administrator or the Insurer be liable for indirect, consequential, or incidental damages (including damages for lost profits, business interruption, loss of data, and the like), even if any party has been advised of the possibility of such damages. The Plan will not cover any defects that are subject to a manufacturer's program of reimbursement. The Plan is not a warranty or insurance policy; it is a Service Contract. This Service Contract is not intended to create or limit any implied warranties concerning your product, which may or may not exist under applicable law.

9. CANCELLATION

This service contract provides a 30-day free look period from the purchase date of the service contract. You may cancel this service contract by informing the selling dealer/retailer of your cancellation request within 30 days of the purchase of the service contract and you will receive a 100% refund of the full purchase price of the service contract. For those states that do not permit non-cancellation of your service contract, the law of that state shall apply to residents requesting cancellation. If we cancel this service contract, we must provide you with a written notice at least 15 days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. Return of the premium is based upon 100% of the unearned pro-rata premium.

SPECIAL STATE REQUIREMENTS APPLY

These terms & conditions are available by calling 800-737-7702 to have a copy mailed to you.


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