Congratulations, you have just made a wise financial decision to protect your new or reconditioned electronic or digital device from possible unforeseen repair or replacement costs by purchasing a Gadget Service Plan (Plan).
This Gadget Service Plan is an agreement between Computer Warranty Services, LLC (CWS), who is the underwriter and administrator of this Plan, and you, the Plan Holder. Contact CWS directly with any questions regarding any terms, conditions, services, or your payment of the Plan, by calling 1-877-614-7181 x711 This document sets forth the entire Plan and may be modified only by CWS; upon any modification CWS shall provide a minimum ten (10) day written notice to Plan Holder. Any such notification shall be sent by regular United States Postal Service First Class service to the address Plan Holder has on file with CWS, and by email to the email address Plan Holder has on file with CWS.
GADGET SERVICE PLAN TERMS AND CONDITIONS
1. SERVICE PLAN:
It is the expectation of CWS that the Gadget (device) is free from defects in workmanship and material on the Commencement Date of the Plan. The Plan Holder by purchasing the Plan certifies and acknowledges that the device is free from any cosmetic damage, is operating to the expected specification of the manufacturer, and the best knowledge of the Plan Holder the device has no operational defects. However, in the event the Plan Holder detects and reports to CWS during the Service Period of the Plan a defect in the workmanship or material of the Equipment, then CWS shall provide to the Plan Holder the services hereinafter described, subject to all of the terms and conditions of this Service Plan as of the Commencement Date or any modification made to the terms and conditions of the Plan during the Service Period.
A. Definitions:
As used in this Plan, the following terms shall have the following meanings: (1) Device shall mean the electronic gadget (which includes but shall not be limited to tablets, netbooks, eReaders, gaming consoles, digital cameras, MP3, GPS units, etc.) with which this Plan provides service coverage; (2) Plan Holder shall mean only the end-user of the Device who is located in the continental United States and who is either the original purchaser of the Device from the Manufacturer, from an authorized reseller, or an authorized person who receives a transfer of this Plan as provided below; (3) Person shall mean an individual, partnership, association, corporation, limited liability company, limited liability partnership, trust, estate, or other entity of any kind, as the case may be, including but not limited to a governmental entity or subdivision thereof; (4) Service period shall mean the prescribed period (1 year or 2 year) in the Plan commencing on the Commencement Date of the original purchase of this Plan or any renewal period subsequently purchased by the Plan Holder; (5) Commencement Date shall mean the date on which the Plan is purchased by the Plan Holder directly from CWS or the date purchased from a CWS authorized reseller, through which the Plan Holder purchased the Plan; (6) Registration Form shall mean the Gadget Plan Registration Form; (7) ?Deductible? shall mean the payment required from the Plan Holder for each service incident requiring a deductible as stated in the Plan and covered under the Plan; (8) CWS Authorized Service Provider (ASP) shall refer to the CWS authorized service provider which will provide all repairs and replacements, upon the approval of CWS under the terms and conditions of this Plan.
B. Coverage:
(i) This Service Plan extends only to the Plan Holder, and not to any other Person. Coverage as defined herein shall begin on the Commencement Date as defined herein. The Plan Holder is required to complete a Registration Form either electronically online at www.computerwarrantyservices.com or by printing the form at the same website location and completing manually and sending by United States Postal Service First Class service to the address for CWS herein; with the minimum information provided being: Name of Plan Holder, Physical Address for Plan Holder (this address must be able to receive United Parcel Service or other types of common carrier package shipments), Physical Address must also include City, State and valid Zip Code, two valid telephone numbers, the Plan Holders primary telephone number and an alternative telephone number where CWS will be able to contact Plan Holder should the primary telephone number be in a non-working condition, email address, type of electronic Device, original manufacturer, model number, serial number, original date of purchase, and the location of the purchase of the Plan. CWS will confirm receipt of the Registration Form. The submission of the Registration Form is a precedent condition to obtaining service performance under the Plan.
(ii) The Plan Holder may obtain performance under this Plan by calling the Gadget service toll free number appearing herein and report a defect in the workmanship or material of the Device. It shall be the Plan Holder's responsibility to provide the Plan Holder's Plan Number at the time of placing the call to prove the Commencement Date of the Plan. Plan Holder should retain a copy of the original sales receipt in a safe place for this purpose. CWS reserves the right to refuse service to any Plan Holder who cannot or refuses to provide the Plan Holder's Plan Number or to prove the Commencement Date of the Plan.
(iii) Only representatives of CWS or CWS ASP may perform repairs on the Device under this Plan. CWS in not responsible or financially liable for any repair or upgrade made to the Device during the Service Period by any Person, including the Plan Holder, other than CWS or CWS ASP.
(iv) The Plan limits the total repair and / or replacement costs of the Plan Holders Device to a total amount equal to the original purchase price of the Device.
(v) During the Service Period, CWS will, at the sole discretion of CWS, repair or replace any Device or Device component having a defect in material or workmanship. All replacement parts shall be provided by CWS, at no cost to the Plan Holder, and shall either be repaired to the same functional operational condition as before the defect in material or workmanship occurred, or replaced with a replacement part or replacement Device of equal value of the Device registered and covered under the Plan; unless the Plan Holder chooses to replace the defective part or Device with a replacement part or Device of greater value than the Device registered and covered under the Plan, and this action shall be called a Plan Holder Upgrade Option. Should the Plan Holder select the Plan Holder Upgrade Option, CWS at its sole discretion shall provide a credit to the Plan Holder equal to an amount that CWS at its sole discretion determines would be equal to the cost of the repairs or replacement as defined in the performance of the terms and conditions of the Plan. If CWS elects to provide any credit, then CWS will only provide a credit toward the purchase price of the replacement part or replacement phone purchase from CWS or CWS ASP. CWS will not under any circumstances make a cash payment or credit directly to the Plan Holder or to any person or entity on behalf of the Plan Holder for the purchase of a replacement part or replacement Device as defined under the Plan Holder Upgrade Option of this Plan.
(viii) CWS will provide service performance under the Plan and return the Plan Holder?s Device to the operational functionality of the Device previous to the required repair as promptly as reasonably and prudently as possible, given the Plan Holder?s geographical location, ability to make the Device available for service, availability of specific replacement parts or replacement Device, and other unexpected circumstances.
(ix) The Plan Holder may select either Carry-in Service to a local CWS ASP location, or to ship the Device to the closest CWS ASP service location, shipping charges from the CWS ASP service location will be paid by CWS as a provision of this Plan; CWS is not financially responsible or liable for any damage to or loss of the Device that may occur during shipping either to or from the CWS ASP service center. However, (except in the case of deliberate damage or negligence) should it be determined by CWS ASP service technicians that the Device has not suffered a defect in material or workmanship, then CWS is totally released from any and all service performance as defined herein, the Plan Holder will be given the cost of the required repairs which will include return shipping charges, if sent to a CWS ASP service location for service, and the Plan Holder may authorize that CWS ASP complete the repair services. The Plan Holder will be required to prepay the full amount of the repairs as well as the amount for shipping the Device from the CWS ASP service location. If the Plan Holder elects to not have CWS ASP complete the required repairs, the Plan Holder will be required to prepay the shipping fees from the CWS ASP service location, as well as a thirty ($30) dollar diagnostic fee before the Device is returned to the Plan Holder.
(x) CWS will not reload Plan Holder Device's stored information, which includes but is not limited to contact?s information or any information or software. Neither CWS nor CWS ASP shall be liable for the loss or destruction of data or media resulting from a defect in materials or workmanship covered by this Service Plan or resulting from the services performed hereunder. The Plan Holder is solely responsible for the security of Plan Holder?s information or data. CWS strongly advises Customer to implement and maintain a daily routine to backup information or data to minimize the loss of data in the event of Device failure.
(xi) All replacement parts shall also be covered under this Plan for the remainder of the Service Period or for thirty (30) days, whichever is longer.
C. Exclusions
This Service Plan does not include: (1) Set-up of the Device; (2) Service required as a result of partial or full immersion of the Device in any liquid, no matter the cause or source; (3) Damage to the exterior surface or housing of the Device caused by attempting to write, etched, branded or burned, pierce, etc.; (4) Problems resulting from negligence, misuse, abuse, or other physical casualty to the Device: improper maintenance; electrical disturbances; acts of nature; or work, attachments, additions, alterations, or modifications by Persons, including the Plan Holder, other than CWS or CWS ASP: (5) Service needed as a result of improper operating environment: (6) Any problem not involving a defect in the Device hardware, including, but not limited to, software problems and errors, programming problems and errors, software incompatibility problems, software installation problems and errors, and operating system problems and errors: (7) Any problem that cannot be solved by repair or replacement of defective Device hardware: (8) Use of any item with the Device if the item is not designated for use with the Device; or (9) Any Device that is not fully functional at the time the Plan was purchased by the Plan Holder; (10) Lost or stolen Devices.
2. Exculpations
The maximum liability of CWS under this Service Plan is limited to the cost of replacing any defective Device with the same model Device to the Device registered and covered under the Plan. CWS shall not be liable to the Plan Holder for incidental and consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Service Plan gives you specific legal rights, and you may also have other rights, which vary from State to State. In the event CWS fails for any reason to provide services to Plan Holder under this Plan, Plan Holder shall have recourse against CWS in compliance with the agreed to terms of this agreement and the laws of your state.
3. Responsibilities of Customer:
(1) operate the Device in an environment meeting the Device's original manufacturer's specifications as stated in the original manufacturer's Operators Manual or corporate product operating guidelines; (2) protect the supply of electricity to the Equipment through the use of appropriate surge protection devices; (3) procedurally comply with the functional operational capabilities as outlined in the Manufacturer's operating manual or corporate product operating guidelines; (4) promptly report to CWS any diagnostic messages; (5) permit no work on the Device except by CWS or CWS ASP; (6) perform such diagnostic procedures or programs as requested by CWS or CWS ASP; (7) safeguard and deliver Device either to CWS ASP, or ship the Device to a CWS ASP service location, using a method for delivery in a timely fashion. CWS shall not be responsible for the timeliness of repairs unless and until the Plan Holder delivers or ships the Device to a CWS ASP service location, or for any delays in shipping caused by the operational delays of the shipping entity, prevailing weather conditions, or holidays adding to shipping time. Any timeliness considerations shall begin upon receipt of the Device by CWS ASP or the CWS ASP service location and ends upon the receipt of the Device by the shipping entity to return to the Plan Holder; (8) provide CWS any change of address, telephone number(s), or email address of Plan Holder within thirty (30) days of such change; (9) notify CWS if Device is lost or stolen within twenty-four (24) hours of Device being lost or stolen; (10) notify CWS if a lost or stolen Device in found or recovered within twenty-four (24) hours of Device being found or recovered; (11) providing CWS with a written certification of any damage to the Device that occurred from the Device being lost or stolen.
4. Transfer of Service Plan
This Plan may be transferred at any time during the Service Period hereof for a transfer fee of fifteen ($15) dollars, paid to CWS. The transferee succeeds to the remaining term of the paid Service Period. Contact CWS at 877-614-7181 ext. 711 Customer Service line for information on how to complete a Plan transfer.
5. Indemnification
CWS shall not be liable for, and Plan Holder hereby indemnifies and holds CWS and any CWS ASP as service provider harmless from, any and all loss, damage, claim, or cause of action, direct or indirect, incidental or consequential, occurring to Plan Holder, or to the employees or agents of Plan Holder, or to any other third party, or to the property of any of the foregoing, which may arise as a result of any defect covered by this Plan or as a result of any service performed under this Plan.
6. Parts Availability
Because of the rapid development of technology in the electronic and digital gadget industry, or for other reasons, a particular part may not be available from the Manufacturer. In such an event, CWS will make prudent and reasonable efforts to locate a compatible replacement part(s) from other sources. If CWS cannot locate a compatible replacement part, then, if possible, CWS will offer to upgrade Plan Holder?s system to the least expensive configuration that can provide at least the same functional service the Device registered under the Plan provides and is considered of equal value to original Device. In the event Customer chooses not to accept the upgrade, CWS shall not be responsible to make repairs under this Plan.
7. Constructions and Interpretations
Customer's return of Registration Form shall constitute Customer's acceptance of and acquiescence to the terms of this Service Plan including the indemnification provisions. This Service Plan shall be governed by and construed in accordance with the laws of the State of Wyoming.
In order for this Service Plan to be activated and the Device registered for the Plan coverage to be in force a Registration Form must be submitted by the Plan Holder and on file with CWS.
Please Keep This Service Plan And Your Invoice In A Safe Place For Future Reference.
For Support Services Call 877-614-7181 ext 711
For questions or additional information email us at
Info@CWS or Call CWS Customer Service at 1-877-614-7181 ext. 711
The below registration information that is required for each Gadget Service Plan.
CWS Gadget Registration Form
Please print clearly or remove lines and type.
Name_________________________________
Address_______________________________
City__________________________________
State__________________________________
Zip___________________________________
Contact Telephone Number________________
Alternate Number_______________________
Email Address__________________________
Device Type____________________________
Device Make and Model__________________
Device ESN (serial number) ___________________
Date of Purchase________________________
Purchase Price__________________________
Fax completed form to: 1-214 224-0440:
This form is located in other areas for ease
of use.