Philips Magnavox Service agreement

The terms and conditions presented in this document constitute your entire service contract rights under this contract may vary from state to state.

This document sets forth the entire Agreement between the Service Contract Administrator hereinafter referred to as We, Us and Our, and the Purchaser as You and Your. No representation, promise or condition herein shall modify these terms. Service Net Solutions, LLC ("Service Net") is contractually obligated to You to provide service under this Contract where in accordance with, and as allowed by state law. If this Contract is purchased in Florida, Service Net Solutions of Florida, LLC is contractually obligated to You to provide service under this Contract. Please refer to the face of this Contract for applicable state disclosures.

1. COVERAGE AND TERM. This is not an insurance policy. Obligations under this Contract in Florida and all other states are insured by Great American Insurance, 49 East 4th Street, Suite 800, Cincinnati, OH 45202. Phone Number: 1-800-280-0352. With any correspondence, please provide Your daytime phone number and claim number. You are entitled to make a direct claim against the insurance company if We fail to provide service described herein within thirty (30) days after proof of loss has been filed with Us, or in the event We are no longer in business or are bankrupt. Parts and service will be furnished as necessary to maintain the proper functional operation of the equipment's hardware listed on the reverse side of your Contract. The expiration date and price of this Contract are shown on the face of your Contract. Parts and service already covered under the original warranty will be provided under that warranty and no liability shall be established hereunder if covered by an original manufacturer's warranty. There are some limitations of coverage. You should review the limitations of coverage paragraph for details.

2. WHAT IS COVERED. We will furnish labor and replacement parts (or pay for same) necessary to repair mechanical breakdowns of the product specified in this Agreement, provided such service is necessitated by product failure during normal usage. The product specified and covered includes only equipment as originally configured and charged for in the Service Agreement.
A. Power Surge and Spike: This service plan protects against operational failure of a covered product if failure occurs while properly connected.

3. IMPORTANT NOTE. Repairs recommended by the repairing facility not necessitated by mechanical breakdown are not covered unless specifically authorized by Us. We reserve the right to inspect the items to be covered, or the items covered, as the case may be, prior to coverage or during the coverage period. Model number, serial number and original date of purchase of all items to be covered must be provided to execute application for service. If You request a service call for non-covered repair, You will be responsible for the cost of the technician's time. In the event You are unable to meet the servicer, You must call to cancel the appointment in advance of the agreed upon time of service. You may be responsible for paying the second trip charge for the subsequent rescheduled repair.

4. HARDWARE UPGRADE COVERAGE. This Agreement will cover any internal hardware components, including memory, hard disk drive products purchased through a Dealer/Retailer and installed into equipment at the time of purchase and covered by this Agreement. This Agreement does not cover installation of hardware upgrades installed after the time of purchase.

5. TRANSFERABILITY. In Florida and all other states You may transfer this Agreement to any person by sending written notice to: Service Net, P.O. Box 811, Jeffersonville, IN 47131.

6. TIME FOR SERVICE. Service will be performed during the hours of 8:00 a.m. to 5:00 p.m. local time Monday through Friday, excluding holidays.

7. PLACE OF SERVICE. Service levels will vary depending upon servicer availability, product qualification, and the level of Service purchased by You. For service, call the 1-800 phone number on the reverse side of your Agreement.

8. PARTS AND SUBCONTRACTING. Parts used to repair equipment may either be new or refurbished at Our sole option. Service may be performed by subcontractors.

9. UNAVAILABILITY OF FUNCTIONAL PARTS OR TECHNICAL INFORMATION. If We determine that We are unable to repair the equipment due to unavailability of functional parts or technical information, You are entitled to a comparable equipment replacement. In all cases, We will determine equipment comparability. Contractual obligations are considered fulfilled upon replacement or term limit. We reserve the right to offer a check for the current market value of the Product in lieu of service or replacement of the Product.

10. LIMITATIONS OF COVERAGE. THIS AGREEMENT DOES NOT COVER.
A. Any equipment located outside the United States, Canada, or Puerto Rico.
B. Service required as a result of any alteration of the equipment or repairs made by anyone other than the service provider, its agents, distributors, contractors or licensees or the use of supplies other than those recommended by the manufacturer.
C. Installation or reinstallation of any equipment.
D. Damage or other equipment failure due to causes beyond our control including, but not limited to, power failure or inadequate power supply, repairs necessary due to operator negligence, the failure to maintain the equipment according to the owner's manual instructions, burning-in caused by a constant pattern, failure of or improper use of any electrical source, exceeding duty cycles, abuse, vandalism, computer viruses, theft, fire, flood, wind, spike, freezing, unusual atmospheric conditions, telephone failure, or acts of war or acts of God.
E. Expendable items, lost or consumable items such as, but not limited to: For Computers, Laptops, and Peripherals: removable data storage, accessory cables, batteries, media disks, and telephone or other lines connecting to the equipment. AC Adapters and Batteries are not covered. Cosmetic damage is not covered Failures due to corrosion, rust, dust, animal or insect damage. Loss of or damage to data, recording media , and software is not covered.
F. Telephone or other lines connecting to the equipment.
G. Any software, including, but not limited to, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data.
H. Service necessary because of improper storage, improper ventilation, reconfiguration of equipment, use or movement of the equipment, including the failure to place the equipment in an area that complies with the manufacturer's published space or environmental requirements. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used. Any installation that prevents normal service. Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment.
I. Equipment used commercially.
J. Equipment sold without a manufacturer's warranty or sold "as is". Refurbished products with less than an original ninety (90) days manufacturer's parts and labor limited warranty. Refurbished equipment with an original 90 day warranty must have at least 30 days remaining in that warranty to qualify for coverage.
K. Normal, periodic or preventive maintenance, customer instruct, and cleanings.
L. Consequential damage to or spoilage of CD's, film or recording tapes as a result of the malfunctioning of or damage to an operating part, or as a result of any repairs or replacement under this Agreement.
M. Loss or damage as a result of violation of existing federal, state and municipal codes including repairs to products not complying with said codes.
N. Pre-existing conditions (incurred prior to the effective date of coverage). Damage covered by manufacturer's warranty, manufacturer's recall, improper construction, or factory bulletins (regardless of whether or not the manufacturer is doing business as a going concern).
O. Consequential damages or delay in rendering service under this agreement, or loss of use or data during the period that the product is at the authorized service center or otherwise awaiting parts. You are responsible for creating back-up copies of all Your data and software on a regular basis.
P. Equipment where the serial plate attached to the equipment is removed, defaced or made illegible.
Q. Television or personal computer monitor screen imperfections, including 'burn-in' or burned CRT phosphor, caused by video games, prolonged display of one or more signal(s), or other abuse. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein. Monitors missing less than 10 pixels, PDA's missing less than 6 pixels per inch and Televisions missing less than 21 pixels per inch of usable screen space are not covered.
R. Damage resulting from unauthorized repair; software virus; improper connections, or electrical wiring; damaged caused during delivery, improper installation, or setup, user facilitated minor adjustments and settings outlined in the product's owners manual, inaccessible products or parts, negligence, misuse or abuse whether willful or not.
S. Payment for subsequent service calls which result in a "no failure found" diagnosis. Non failure problems including but not limited to noises, squeaks, simple paper jams not requiring parts and intermittent issues are not product failures. Subsequent trip charges may need to be paid by You if a second "no failure found" diagnosis is determined based on the same problem.

11. CANCELLATION AND REFUND. You may cancel at any time for any reason. If You cancel this Agreement within sixty (60) days of the date of purchase the Dealer/Retailer will refund the full purchase price less any claims. If You cancel this Agreement thereafter, the Dealer/Retailer will refund to You the remain days of coverage on a daily prorated basis, less costs for service performed (if applicable). Neither You nor the Dealer/Retailer is obligated to renew this Agreement beyond the current term. We reserve the right to terminate the Agreement if payment is not made when due.

12. NO LEMON GUARANTEE. When three service repairs, with three separate claim numbers, have been completed on the same product, and that product requires a fourth repair, as determined by Us, We will replace it with a product of comparable performance. Preventive maintenance checks, cleanings, product diagnosis, customer education and accessory repairs or replacement are not considered repairs for the purposes of this claims limitation. This does not include repairs necessary during the manufacturer's warranty period.

13. BUYOUT. In the event We are unable to repair Your product(s) due to unavailability of equipment or parts, We at Our option may elect to buy out the Contract up to the original equipment purchase price, less any claims made.

14. ARBITRATION. Any controversy or claim arising out of or relating to this Contract, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

15. STATE VARIATIONS. Certain states have specific conditions; conditions listed on the front of the claims form apply to You.

16. CLAIMS LIMITATION. The total payment(s) for all claims under this Contract shall not exceed the original retail price of the covered product(s) or system, except in those cases in which the No Lemon Guarantee applies.

17. ENTIRE AGREEMENT. This is the entire Agreement and no other oral modifications are valid.

18. LIMITATION OF LIABILITY. THE DEALER/RETAILER, SERVICE NET SOLUTIONS, LLC., SERVICE NET SOLUTIONS OF FLORIDA LLC, THEIR AGENTS, CONTRACTORS OR LICENSEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COVERED EQUIPMENT. EXCLUSION IS MADE OF ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES MADE HEREIN.

If you have any questions, require customer service, or wish to report a claim, please contact: Philips Priority Service, P.O. Box 811, Jeffersonville, IN 47131

Revised by Philips Magnavox: Oct. 03.