Refrigerated container extended warranty plan
This Plan is not an insurance contract
This plan is only available to residents of California
Products covered: Carrier and Thermo King brand refrigerated containers.
COVERAGE: Your Product(s) will be repaired or replaced if they fail due to defects in materials and workmanship, regular wear and tear, dust, heat, or humidity. This Plan includes re-installation as well as any labor and parts charges required to repair Your Product(s) for issues caused by functional part failures. When possible, genuine manufacturer’s parts will be used; however, the use of non-original manufacturer’s and re-manufactured parts is permitted under this Plan.
Non-Repairable Products – If We determine, in Our sole discretion, that Your Product is not repairable, We will provide a new, rebuilt, or refurbished product with equal or similar features and functionality, or, if a similar product is not available, We will issue a check for the original purchase price of the Product, including sales tax.
IF YOU REQUIRE SERVICE: To schedule servicing, contact customer service. We shall make every effort to perform service as soon as feasible; but, We are not responsible for delays caused by factors without Our control, such as manufacturer’s component delays, shipment to regional service facilities, or acts of God. It is your responsibility to protect Your Product(s) against additional damage. If there is an emergency, please inform Our customer service person of the nature of the emergency. We will prioritize emergency calls during bad weather and high service. Emergency assistance will be provided at no additional cost.
TRANSFERABILITY: At no additional cost, this Plan may be transferred to a subsequent owner. Proof of purchase and any service repair receipts must be handed to the new owner. Call customer service to request a transfer.
DEDUCTIBLE: There is no deductible with this Plan.
CANCELLATION: You may cancel Your Plan by calling customer support within the first thirty (30) days of purchase.
ARBITRATION: Please carefully read the following arbitration provision (“Provision”). 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” refer to the person or individuals who purchased the Plan, purchased the covered Products, or are the Plan Administrator’s registered owner, as well as all of his/her/their heirs, survivors, assigns, and representatives. The terms “We” and “Us” refer to the above-mentioned Plan Provider, Plan Administrator, and Plan Seller, as well as all of their agents. Any and all claims, disputes, or controversies of any kind (whether in Plan, tort, or otherwise, including statutory, common law, fraud (whether by misrepresentation or 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 the entire Plan (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be conducted by the American Arbitration Association (“AAA”) in accordance with the Expedited Procedures of the AAA’s Commercial Arbitration Rules in effect at the time the Claim is filed. Any conflict between the AAA’s Rules and this Provision shall be resolved by the terms of this Provision. Call (800) 778-7879 to acquire a copy of the AAA’s Rules. We will advance to You, upon writing request, all or a portion of the AAA and arbitration fees. The arbitrator will determine whether You or We are liable for these fees. The arbitrator must apply relevant substantive law and any statutes of limitations, and must produce written, reasoned findings of fact and legal conclusions. The arbitration will take place in a venue chosen by Us within the state where this Plan was acquired. 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 section of this Provision is ruled invalid or unenforceable, the remaining portions of the Provision shall not be invalidated, save that this Provision shall not be changed or construed to permit arbitration on behalf of a group or class. This Provision shall inure to the benefit of and be binding on You and Us, and it shall remain in full force and effect following the expiration or termination of this Plan. You agree that any arbitration proceeding will exclusively take Your Claims into account. Claims made by or on behalf of other people will not be arbitrated in any case involving Your Claims. You and We acknowledge and agree that, except as indicated above, neither You nor We shall have the right to go to court, have a jury trial, or participate as any member of a class of claimants relative to any claim as a result of this PROVISION.
CONSUMER’S PROMISES AND ASSURANCES: To keep this Plan in effect during its term, You must maintain the Product(s) in accordance with the manufacturer’s servicing requirements, including cleaning and maintenance. You must meet all of the electrical criteria given by the manufacturer. Furthermore, 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) written or emailed notice of any defect or deficiency in service within ten (10) days of discovery.
EXCLUSIONS: The following items are not covered by this Plan:
(1) REPAIRS CAUSED BY ACCIDENTAL OR INTENTIONAL DAMAGE, SPILLED LIQUIDS, INSECT INFESTATION, MISUSE, ABUSE, OR 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 KNOWN TO YOU PRIOR TO THE PURCHASE OF THIS PLAN; (11) OUTSIDE THE CONTINENTAL UNITED STATES SERVICE OR REPLACEMENT; (12) CLEANINGS AND ALIGNMENTS, EXCEPT WHERE EXPRESSLY STATED; (13) LOSS OR THEFT; (14) OUTSIDE OF LABOR COSTS FOR HOT WATER RE-INSTALLATION, 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.