LIFETIME BRIDAL CARE PLAN
TERMS AND CONDITIONS This Service Plan is not a contract of Insurance.
1) DEFINITIONS: The following terms shall have the following meaning: Service Plan Provider/We/Us/Our means the entity that is contractually obligated to You under the terms of this Service Plan. This Service Plan is between You and Us Service Plan indicates this Service Plan, which You have been granted for the Covered Product described on Your proof of purchase. Service Plan Holder/You/Your indicates the granter of this Service Plan, as described on the proof of purchase. Retailer indicates the store and seller where You purchased the Covered Product(s) and this Service Plan and is as shown on Your proof of purchase. Purchase Price indicates the Purchase Price paid after any discount(s), for Your Covered Product(s). Covered Product(s) indicates the item(s) that You purchased and are specifically covered under this free Service Plan as indicated on Your proof of purchase. Covered Service means the services required to return the Covered Product to fit and finish designed by the manufacturer for failures due to normal wear and tear under normal service and usage of the Covered Product.
2) INSTRUCTIONS: You must present this Service Plan and Your proof of purchase for any Covered Product(s) repair.
3) LENGTH OF COVERAGE: The coverage period for this Service Plan is for the lifetime of the Service Plan Holder.
4) WHAT IS COVERED: As a result of normal wear and tear, service performed hereunder shall consist of labor and parts necessary to restore Your Covered Product to the level of fit and finish designed by the manufacturer as the result of a Covered Service or loss of precious or semi-precious stones (does not include the primary stone), as determined by the Administrator. Our limit of liability is associated with non-repairable Product and includes the payment of a cash settlement, issuance of a gift card, or replacement of the Covered Product, not to exceed the original Purchase Price of the Covered Product. The Service Plan coverage includes, but is not limited to, the following services, subject to the other terms and conditions of the Service Plan: inspection, repair of worn or bent side stone prongs, side stone diamond replacement up to .20ct, one ring resizing, thinning or cracked ring bands, refinishing and polishing once a year, rhodium plating white gold once a year. Any ring sizing or repair that will damage the integrity of the piece will not be completed.
5.) PLAN EXCLUDES COVERAGE FOR ANY LOSS COVERED BY YOUR MANUFACTURER’S WARRANTY, BUT MAY NEVERTHELESS PROVIDE BENEFITS IN ADDITION TO THOSE PROVIDED BY YOUR MANUFACTURER’S WARRANTY.
6) DEDUCTIBLE: There is no deductible required to obtain service under this Service Plan.
7) NON-REPAIRABLE PRODUCTS: If We, in Our sole discretion, determine that Your Covered Product is not repairable, or where the cost for repair may exceed the Purchase Price You paid for the Covered Product, We will replace the Covered Product with a replacement item of comparable type, quality and functionality as the original Covered Product. The replacement item shall not exceed the Purchase Price of the original Covered Product. Replacement of a Covered Product, payment of a cash settlement, or issuance of a gift card will fulfill this Service Plan in its entirety and will cancel and discharge all further obligations under this Service Plan and Service Plan shall not be transferable to any replaced item, unless otherwise required by state law. If We replace Your Covered Product or a cash settlement or gift card is provided, the original Covered Product becomes Our property.
8) LIMIT OF LIABILITY: Our total liability for non-repairable products under this Service Plan is the Purchase Price paid for the Covered Product as shown on the proof of purchase, payable in a cash settlement, issuance of a gift card, or replacement of the Covered Product. If in Our estimation We find the Covered Product repairable, there is no lifetime limitation.
9) PARTS: Materials furnished as replacements for parts will be drawn from Our repair service contractor’s inventory of new or used parts and components. These materials will be furnished under provisions of the manufacturer’s warranty while still in effect and then by Our service contractor during the remainder of its term of coverage.
10) WHAT IS NOT COVERED: This Service Plan does not cover service repair necessitated by any loss or damage resulting from: a) any cause other than normal usage, such as, but not limited to loss or damage due to misuse, abuse or neglect, unauthorized repairs or accidental damage; b) lack of manufacturer’s recommended maintenance/instructions, or maintenance/instructions by this Service Plan; c) parts failure due to a manufacturer’s recall, regardless of the manufacturer’s ability to pay for such repair; d) any and all pre-existing conditions that occur prior to the effective date of this Service Plan; e) inherent design defect in the Covered Product; f) introduction of foreign objects into the Covered Product, tampering with prongs, bezels or other elements designed to secure stones; g) parts normally designed to be replaced periodically by You or consumed during the life of the Covered Product such as non- diamond side stones, the center head, center crown, or center prongs h) rust, corrosion, fire, collision, vandalism, windstorm, hail, earthquake, theft or burglary, negligence, transport, riot, acts of God, or any other peril; i) water damage if used under conditions which exceed the manufacturer’s specifications; j) war, whether declared or undeclared, terrorism, insurrection, revolution, rebellion, destruction or seizure for military purpose, discharge of chemical, biological or nuclear weapons, radioactive contamination; k) damage or loss resulting from failure to obtain repairs necessary to maintain the integrity of the Covered Product; Covered Products that are lost and/or mysteriously disappear; l) any loss other than a Covered Service; m) damage that is not reported to the Administrator prior to the expiration of this Service Plan; n) loss of use while the Covered Product is at a repair facility or otherwise awaiting parts; o) pieces/products with serial numbers which have been altered or removed; p) any type of accessory or unauthorized modifications or pieces with alterations from the original Covered Product/Product SKU; q) IN NO EVENT SHALL THIS SERVICE PLAN BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER IN PLAN, TORT, OR NEGLIGENCE; this Service Plan does not cover claims arising from any breach of implied or expressed warranty of merchantability or fitness of the Covered Product from the manufacturer.
11) PRODUCTS NOT ELIGIBLE FOR COVERAGE: This Service Plan does not provide any service for Products used for commercial purposes, products sold “as is”, semiprecious gemstone replacements
12) RENEWALS: This Service Plan is not renewable.
13) TRANSFER: This Service Plan may be transferred to the original gift recipient by contacting the Administrator. The terms and conditions of this Service Plan cannot be modified in any way except by the expressed written agreement between You and Us.
14) 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. 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 the AAA’s Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling 1-800-778-7879 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 no state, local or other arbitration law will apply. 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 Service 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.