Extended Warranty Service

Legal Contract

This is a legal contract ("Contract"). By purchasing it, you understand that it is such a contract and acknowledge that you have had the opportunity to read the terms and conditions of this Contract. You must retain Your Contract receipt ("Receipt"), which contains information about the term of the Contract, the purchase price of the Contract ("Contract Purchase Price"), and the covered goods ("Product(s)"). Unless revised by Us with at least 30 days advance written notice to You, this Contract (including its terms, conditions, limitations, exceptions, and exclusions) and the Receipt constitute the entire agreement, and no representation, promise, or condition not contained in this Contract shall modify these terms. This is not a contract of insurance.

Definitions

"We," "Us," and "Our" mean the company obligated under this Contract, as follows: The F.J. Westcott Company, 419-243-7311, 1425-B Holland Road, Maumee, Ohio 43537. If required, we will also serve as the Administrator. "You" and "Your" mean the individual who purchased this Contract or the individual to whom this Contract was properly transferred. Your name and address are set out on the Receipt.

What This Warranty Contract Covers

This Contract covers the cost of parts and labor to repair Your Product in the event Your Product experiences a mechanical or electrical breakdown due to mechanical or electrical defects during the Term, which is not excluded under Section 4 (What is Not Covered Under the Contract). If We determine that We cannot service Your Product as specified in this Contract, we may at our discretion, (a) replace the Product with a replacement product, or (b) issue you a Westcott gift card or refund in the amount of the purchase price paid for the Product, including the taxes indicated on the sales receipt.

Replacement parts will be new, rebuilt, or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option. This Contract covers all shipping charges to authorized service centers during the Term. We will also pay for shipping and handling fees to return the repaired or replacement product to you (if we elect to repair or replace the defective product). OUR TOTAL LIABILITY UNDER THIS CONTRACT RELATING TO ALL CLAIMS THAT YOU MAKE PURSUANT TO THIS CONTRACT SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT.

What This Contract Does Not Cover.

This section sets out what is not covered by this Contract. That means that We will not provide coverage (whether in the form of the cost of parts and labor, replacement, indemnification, or otherwise) under this Contract for the following:

(a) Products that are not Westcott-branded, even if packaged or sold with Westcott Products. Products sold through the Westcott Online Store that do not bear the Westcott brand name are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions packaged with the products.
(b) This Contract does not cover any Damage that is covered by any other warranty or service contracts, insurance policies, or product recalls.
(c) Damage to goods that (i) have missing or altered serial numbers, or (ii) are being used, or have been used, in a commercial, industrial, or multi-family housing setting.
(d) Damage resulting or arising from:
(i) wear and tear;
(ii) power surges;
(iii) accidental damage from handling, including drops, spills, or liquid damage;
(iv) unauthorized modifications to the product, including the unauthorized removal, bypass, or disabling of safety features;
(v) unauthorized repairs; (vi) intentional damage or the misuse or abuse of the Product;
(vii) the introduction of foreign objects into the Product;
(viii) Acts of God, war, invasion or act of foreign enemy, terrorism, cyberattack, hostilities, civil war, rebellion, strikes, lockouts, labor disturbances, civil commotion, epidemic or pandemic (including Covid-19);
(ix) third-party acts, including theft and vandalism;
(x) failure to perform preventative maintenance, as outlined in any accompanying instructional booklets or information;
(xi) freezing or overheating not caused by a mechanical or electrical breakdown or defect; or
(xii) any cause other than normal use and operation of the Product in accordance with the manufacturer's specifications, instructions, or owner's manual.
(e) Furthermore, this Contract does not cover:
(i) cosmetic damage repair, cleanings, and alignments;
(ii) CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF USE OF THE PRODUCT, LOSS OF BUSINESS OR DOWN-TIME, PROPERTY DAMAGE, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
(iii) consumable parts such as batteries, and flash tubes;
(iv) preventative maintenance;
(v) liability for bodily injury, death, or property damage arising out of the use, operation, or maintenance of the Product;
(vi) the cost of outside labor for reinstallation;
(vii) the cost of government permits or licensing for reinstallation;
(viii) repairs or replacement outside of the United States; or
(ix) damage incurred during shipping.

There is no coverage if We determine that Your Product is not damaged (for example, issues that are not product failures).

Requesting Service

If Your Product experiences a breakdown or defect, you can file a claim by completing the online return form. Receipt/order confirmation required for warranty care. We will first attempt to troubleshoot the problem you are experiencing. All claims must be reported before the expiration of this Contract. You must protect Your Product against further damage pending service.

Items may be shipped to the specified authorized center for service. You must return the product to our authorized service center. You are responsible for safe packaging and the shipping cost of Your Product.

Coverage Term

The term of the Contract ("Term") is set out in the Receipt.

Renewal

This Contract is not renewable.

Cancellation by You

You may cancel this Contract at any time for any reason either by logging into www.fjwestcott.com or calling 419-243-7311. If You cancel this Contract within 10 days after our delivery of this Contract to you with your product, you will receive a full refund of the Contract Purchase Price.

Cancellation by Westcott

This Contract may be cancelled by Us for any reason by notifying You in writing at the address indicated on the Receipt at least 10 days prior to the effective date of cancellation. The notice will state the effective date and reason for cancellation. If We cancel this Contract, You will receive a pro rata refund of the Contract Purchase Price based on the time remaining on the Contract. We will pay the applicable refund within 10 days of Our cancellation.

Deductible

There is no deductible required to obtain service for Your Product.

Transfer

This Contract cannot be transferred to a subsequent owner of the Product.

Arbitration

Most of Your concerns about the Contract can be addressed by contacting Us at 419-243-7311. In the event We cannot resolve any dispute relating to this Contract with You, then we both agree that any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration before a single arbitrator administered by the American Arbitration Association (the "AAA") in accordance with its Consumer Arbitration Rules. Unless the parties agree otherwise, the arbitration hearing shall be held in Ohio. We both give up the right to resolve any controversy or claim arising out of or relating to this Contract in court, whether in front of only a judge, or in front of a judge and a jury. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Neither the AAA nor the arbitrator shall have the power to consolidate more than one person's claims or 4 to otherwise preside over any form of a representative or class proceeding. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Insurance Securing This Contract

Our obligations under this Contract are backed only by the full faith and credit of the The F.J. Westcott Company and are not guaranteed under a service contract reimbursement insurance policy.

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