TERMS AND CONDITIONS AGiPROTECT PLAN

Plan Administrator: AGiRepair

220 Huff Ave Suite 500

Greensburg, PA 15601

(888) 325-5713

www.AGiRepair.com

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY: This is a legal 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 set forth herein. It describes the protection You will receive in return for payment by You. Please keep this document in a safe place along with the POP You received when You purchased Your product, as You may need them to verify Your coverage at the time of service. You must maintain the Product as recommended by the manufacturer’s owner’s manual or product warranty. Refer to the POP to determine the term of this Plan.

 

NOTICE: THE SELLING RETAILER MAY BE RETAINING A PORTION OF ITS SELLING PRICE. THE PURCHASE OF THIS PLAN IS NOT REQUIRED TO EITHER PURCHASE YOUR PRODUCT OR TO OBTAIN FINANCING.

 

DEFINITIONS:

(1) “Provider”, “Obligor”, “We”, “Us” and “Our” mean the company obligated under this Plan

(2) “Administrator” means AGiRepair

(3) “Deductible” means the amount You are required to pay for covered repairs and replacements

(4) “Failure” means the failure of Your Product to perform its intended function due to mechanical or electrical breakdown resulting from defects in materials or workmanship during normal usage of Your Product incurred after the Effective Date of this Plan.

(5) “Plan” means the terms, conditions, limitations, exceptions, and exclusions, including Your POP as defined below.

(6) “Product” means the item(s) shown on the receipt for the items eligible for this Plan; Product may also include item(s) that meet the definition of a Prior Purchased Product or Post-Repair Product below

(7) Prior Purchased Product means the item was purchased less than two (2) years prior to the date this Plan was purchased, the item is in its original working condition that has not been altered since being issued by the manufacturer; and You are currently in possession of the item.

(8) “Proof of Purchase” and “POP” mean the Declaration Page, or sales invoice, or sales receipt, which shows the Plan You purchased, the amount You paid for this Plan and the Product You purchased if purchased with the Plan.

(9) “Selling Retailer” means the entity selling the Product and/or this Plan.

(10) “You” and “Your” refer to the purchaser of the Product(s) covered by this Plan or to the person to whom this Plan was properly transferred.

(11) Accidental Damage Plan (ADP Coverage) includes sudden, unexpected and unintentional external events that result in “physical” damage to the Product, or “failure” to the Product. The damage is not foreseeable and is beyond user control.

 

 

 

 

PLAN TERMS:

 

PRODUCT ELIGIBILITY: This Plan covers Products purchased as new, manufactured for use in the United States, which at the time of purchase included a manufacturer’s original warranty valid in the United States and Products that meet the definition of a Prior Purchase Product.

 

New device Plans: If You purchased this plan at the same time as the item covered by the Plan, This Plan begins on the date of Plan purchase and is based upon the terms of coverage. This Plan is inclusive of the manufacturer’s warranty; it does not replace the manufacturer’s warranty but provides certain benefits during the term of the manufacturer’s warranty. During the manufacturer’s warranty period, we will facilitate all repairs including parts, labor or shipping costs covered by that warranty.  Upon expiration of the manufacturer’s original or factory-refurbished parts and/or labor warranty, this Plan continues to provide many of the manufacturer’s benefits as well as certain additional benefits listed within this Plan and will furnish replacement parts and/or labor necessary to restore Your Product to standard manufacturer’s operating condition.

 

Prior Purchase Plan: If you purchase an item that meets the definition of a Prior Purchase Product, this Plan will begin on the date the Plan is purchased. If Your Prior Purchase Product is still eligible under manufacturer’s warranty, this Plan will not replace the manufacturer warranty. This Plan continues to provide many of the manufacturer’s benefits as well as certain additional benefits listed within this Plan and will furnish replacement parts and/or labor necessary to restore the Product to standard manufacturer’s operating condition. All devices being subject to this plan must: a) be an authentic product no older than 2 years from purchase date; b) have been purchased directly from the manufacturer or an authorized retail merchant; c) not have been subject to refurbishment, resale, or assignment; d) all devices will be in good working order to begin coverage. Any devices that are currently damaged or broken will need to be repaired prior to the start of the plan.

 

SELECTED PLANS AVAILABLE

 

AGiProtect and AGiProtect Plus:  AGI Protect is available for terms of 1,2,3, and 4 years and will include coverage of first year OEM warranty on both programs.  Both plans cover accidental damage for the full term.  AGiProtect Plus will extend OEM coverage for the desired ADH plan term.

 

AGiMAXProtect and AGiMAXProtect Plus (With a case program)

If protective case is provided according to plan parameters, it is expected that You will continually use these accessories for protection against damage to Your Product, including when sending in for claim repair. “Abuse” is defined as Your intentional non-utilization of protective items during the use of Your Product, or Your treatment of the Product(s) in a harmful, injurious or offensive manner that may result in its damage. Devices must have protective case on when submitted for repairs under plan.  Any resultant damage from this type of treatment is NOT covered by ADH Coverage. During the term of this Plan, the case manufacturer is responsible for replacement cases due to case manufacturing defect. Normal wear and tear or accidental damage to the case, screen protector, or kickstand will not be covered by the case manufacturer or AGi.  AGi is solely responsible for the accidental damage repair of the device as stated within these terms and conditions. 

 

Product Specific Coverage Terms

All tablets and phones covered under the plan must always remain in the AGi approved case including when sending in for repairs.

All tablet replacements will follow standard replacement guidelines as defined in section titled “Replacement”.

 

TERMINATION: There shall be no termination of the Plan and no refund of consideration paid.

POLICY PERIOD: Period for which coverage is in force as stated on your Policy Declarations page. A loss must occur within this period to be covered.

DEDUCTIBLE: There is no Deductible required to obtain service on Your Product.

 

PLACE OF SERVICE: Your Plan includes Depot Service; you will be responsible for shipping the Product to the designated depot center. We will pay for shipping of the Product from and to Your location.

AGi, in its sole discretion, shall select the AGi designated service repair center and shipping address(es) to use.

TERRITORIES: The Plan territory is limited to the United States of America, including the District of Columbia, only. It does not include Canada or U.S. territories including Guam, Puerto Rico or U.S. Virgin Islands.

 

PLAN RENEWAL: To renew Your coverage, please call 888-625-5713 on or before the expiration date of this Plan. Renewal prices will reflect the age of Your Product, current service costs, and repair experience of the Product model. Renewal prices will be available from the Administrator upon request at the time of renewal. Note: Not all products are eligible for renewal.

 

TRANSFER: The protection from the purchase provided by this Agreement cannot be transferred to anyone except the original School District / Company and applies only to the registered device. If a device is lost or stolen, the School District / Company can transfer the remaining time left on the Plan to another device of the same or comparable model and specifications.

WHAT IS COVERED: We agree to repair or replace Your Product in the event Your Product is rendered inoperable due to a mechanical or electrical Failure during the term of this Plan.  Parts used to repair or replace Your Product may be new, used, refurbished, or non-original manufacturer parts that perform to the factory specifications of Your Product, with a one (1) year parts and labor guarantee.  This Plan does not cover repair or replacement of the Product for any of the causes or provide coverage for any losses set forth in the section entitled “WHAT IS NOT COVERED” below.

 

  • Repair Plan: In the event of a covered claim, we will furnish labor and/or parts required to repair the failure of Your Product. Non-original manufacturer’s parts of like kind and quality may be used if the original manufacturer’s parts are unavailable. In lieu of repairing the Product, we reserve the right, at Our sole discretion, to replace Your Product with a Product of equal or similar features and functionality, not necessarily the same brand. Technological advances may result in a replacement Product with a lower selling price than Your original Product. No refunds will be made based on the replacement Product cost difference. If Your Product is not repairable and a replacement Product is not available, we will reimburse You up to the original purchase price of Your Product, excluding taxes and less claims paid, if any, and this Plan will be fulfilled, and all obligations satisfied. In no event shall Administrator or We be liable for any damages as a result of the unavailability of repair parts. You may be required to ship or deliver the defective Product prior to receiving reimbursement or a replacement Product. Any and all parts or units replaced under this Plan become Our property in their entirety.

 

  • Accidental Damage Plan Coverage (ADP Coverage): ADP Coverage augments Your Plan by providing protection against sudden and unforeseen accidental damage to Your Product, provided such damage was in the course of regular use of the Product by You, subject to the exclusions below.

 

WHAT IS NOT COVERED

  • Case installation.
  • Pro-active, ongoing monitoring of O/S or application software updates.
  • Remote or other electronic monitoring of Customer Device location or status.
  • Monitoring of any content on Customer Device
  • Providing backup storage or content recovery other than in the ordinary course of providing the tech support services.
  • Intentional damage caused by abnormal uses, abnormal conditions, and/or abnormal environments.
  • Cleaning, periodic checkups, and/or preventive maintenance
  • Power surges, normal wear and tear, firmware malfunction, O/S failure due to failure to perform scheduled OEM updates, Other OEM or Third-Party software failure and items normally designed to be periodically replaced during the life of the Program Device; including but not limited to batteries
  • Incidental, consequential, secondary damages, or delay in rendering service; loss of use during the period that the Customer Device is at an authorized service center or awaiting parts
  • We will not cover loss or damage caused directly or indirectly by nuclear reaction, nuclear radiation, or radioactive contamination. Loss caused by nuclear hazard is not considered loss caused by fire, explosion, smoke or any other insured peril. Direct loss by fire resulting from the nuclear hazard is covered.
  • We will not cover losses for Cosmetic damage. Cosmetic damage means damage or changes to the physical appearance of the covered property that does not impede or hinder the normal operational function of the scheduled property such as scratches, abrasions, change in color, texture, or finish.
  • Unauthorized repairs and/or parts including, 1) Accessories used in conjunction with a Customer Device 2) Service where no problem can be found 3) Any type of recovery for lost or stolen Program Devices 4) Any malfunctioning or Program Device failure that is not reported during the Term 5) Additional exclusions specific to the Customer Device as determined by OEM or Authorized Reseller.
  • Covered product with removed or altered serial numbers
  • Battery issues due to normal wear, loss of capacity, or not related to accidental damage. Replacement batteries will meet a design capacity of equal to or greater than 70%.
  • Theft, leasing, subletting, lending to others, or criminal acts occurring to or by the use of the device.
  • Acts of Nature or weather conditions, including, but not limited to, lightning, floods, storms, hurricanes, tornados, and earthquakes.
  • Manufacturer design defects, product defects, or anything relating to a product recall.
  • Dust, mold, internal overheating, internal humidity, corrosion, and condensation.
  • Any and all pre-existing conditions that existed before the School District’s / Company’s Plan start date.
  • Lost, non-retrievable/irretrievable data or programs of/on the devices, regardless of whether it occurred before or during AGi repairs or shipping.
  • Vandalism, riots, war, any governmental confiscation or seizures.
  • Misuse and Excessive abuse whereby frequency of breakage is unreasonably high, or a device was not used of its intended purpose in a school or virtual school setting.
  • Any product that is fraudulently submitted or that is subject to being goods or product that violate patents, trademarks, or product licenses.
  • Animal or insect infestation.
  • Damage covered under any other insurance policy, any other warranty, or any other service contract.
  • Products with removed or altered serial numbers, make, manufacturer, or model information.
  • Product look-a-likes, clones, copies of devices, products not manufactured by the manufacturer.
  • Service events not reported during the term of this plan.
  • Services availability during war, invasion, act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labor disturbance, lockout, civil commotion, public protests, government decrees or intervention that interrupt the domestic or international hardware supply chain, or government declared epidemics/pandemics will be performed on a best-efforts basis with no guarantee of performance.
  • Damage caused by contact with any human or animal bodily fluids and biohazardous material/liquids.

 

 

THIS PLAN MAY BECOME VOID IF YOU MAKE UNAUTHORIZED REPAIRS. When You receive authorization for repairs, the service representative will advise You of the designated service center. A copy of the Proof of Purchase, and a brief written description of the problem must accompany Your Product. We will not be liable for freight charges or damage due to improper packaging. Do not return Your Product to Your retailer unless so instructed by the Administrator. If Your Plan expires during the time of an approved repair or replacement, this Plan is extended until the repair or replacement has been completed.

 

REPLACEMENT:  In the event that We cannot repair Your device protected under this plan, We will replace the Protected Device. Protected Devices will be replaced with a comparable device of like kind and quality with comparable features and functionality to the unrepairable Device. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL AS THE ITEM BEING REPLACED. REPLACEMENT EQUIPMENT WILL BE NEW, REMANUFACTURED OR REFURBISHED, IN OUR SOLE DISCRETION. The Replacement Equipment immediately becomes the Protected Device. If We replace Your device under the terms of this plan, We reserve the right to take possession and ownership of Your defective or damaged Protected Device.

 

YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS PLAN DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO YOUR COVERED PRODUCT.

 

 

LIMIT OF LIABILITY: LIMITS OF LIABILITY; LIMITATION OF WARRANTIES; PRECLUSION OF CAUSES OF ACTION: THE REPAIR PROGRAM SUBJECT TO THE TERMS, CONDITIONS, AND LIMITATIONS OUTLINED IN THIS AGREEMENT ARE THE ONLY CONTRACTUAL OBLIGATION OF AGI TO THE SCHOOL DISTRICT / COMPANY OR ANY OF THE SCHOOL DISTRICT’S / COMPANY’S STAFF, STUDENTS AND/OR STUDENT’S FAMILIES. THE STAFF, STUDENTS AND/OR STUDENT’S FAMILIES ARE NOT BENEFICIARIES UNDER THIS AGREEMENT EXCEPT AS TO THE CONTRACTUAL OBLIGATION FOR AGi TO REPAIR ELIGIBLE DEVICES AS PROVIDED BY THIS AGREEMENT.  IT IS AGREED AND UNDERSTOOD THAT OTHER THAN THOSE CONTRACTUAL RIGHTS SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT, THERE ARE NO OTHER IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ‘IMPLIED WARRANTIES OF MERCHANTABILITY,’ OR ‘FITNESS FOR A PARTICULAR PURPOSE OR USE,’ AS THESE WARRANTIES ARE ALL EXCLUDED FROM BEING AN OBLIGATION OF AGI UNDER THIS CONTRACT OR AT LAW.  FURTHERMORE, IT IS AGREED THAT AGi SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS THE FOREGOING CONTRACTUAL OBLIGATIONS AND REMEDIES SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE REMEDIES TO WHICH THE SCHOOL DISTRICT / COMPANY AND ANY OF THE SCHOOL DISTRICT’S / COMPANY’S STAFF, STUDENTS AND/OR STUDENT’S FAMILIES OF THE PLAN SHALL BE ENTITLED.  IT IS FURTHER AGREED THAT THE SCHOOL DISTRICT / COMPANY’S AND ANY OF THE PROGRAM PARTICIPANTS MAKING CLAIM UNDER THIS AGREEMENT AGREE ALL REMEDIES (WHEN ELIGIBLE) WILL BE EXCLUSIVELY LIMITED TO ONLY THE REPLACEMENT OF THE SPECIFIC PART OF THE ELIGIBLE DEVICE, IF SUCH REQUIREMENT COMPLIES WITH THE TERMS AND CONDITIONS OF THE APPLICABLE PLAN AND THIS AGREEMENT.  IT IS AGREED THAT IN NO EVENT WILL AGi OR ITS OFFICERS BE LIABLE TO ANY SCHOOL DISTRICT / COMPANY OR SCHOOL / COMPANY PROGRAM, STAFF, STUDENTS AND/OR STUDENT’S FAMILIES, OR SUBSEQUENT USERS OF THE REPAIRED DEVICES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST TIME, FOR DELAY CAUSED BY SHIPPING, OR FOR LOST DATA RESULTING FROM ANY CAUSE INCLUDING FAILURE OF ANY PRODUCT, EQUIPMENT, OR SERVICE OF AGi.

 

ENTIRE AGREEMENT:  This Agreement constitutes the entire Agreement between the parties.  All prior understandings or agreements relating to the service program not agreed to in writing by AGi or as outlined by this Agreement are superseded.  This written Plan Agreement may not be modified or amended, assigned, supplemented, or waived except as agreed to in writing by duly authorized representatives of both AGi and the School District / Company.

 

GOVERNING LAW AND EXCLUSIVE JURISDICTION:  In order for this Program to be cost-effective and priced so favorably for the School / Company and the registered participants in this Program, the parties agree that this agreement shall only be enforced, governed, and construed in accordance with the Laws of the Commonwealth of Pennsylvania.  In the event there is a disagreement between the parties, the parties agree that the proper and exclusive venue, forum, and Jurisdiction for the resolution of disputes or controversies arising out of this Agreement or remedies to any parties or participants of this Plan shall be binding Arbitration in Westmoreland County, Pennsylvania, by requesting an Arbitrator in writing to the President of the Westmoreland Academy of Trial Lawyers, c/o Westmoreland Bar Association, 129 North Pennsylvania Avenue, Greensburg, Pennsylvania 15601.  The Arbitrator shall be qualified and non-conflicted.  The parties agree that the Arbitration process shall be personam jurisdiction and that the parties waive any defect to any jurisdiction, venue, or Doctrine of Forum Non-Conveniens.  The Decision of the Arbitrator shall be binding and not subject to any Appeal.

SEVERABILITY:  In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable by a Court of competent jurisdiction, the remaining provisions of this Agreement shall be binding upon the parties with the same effect as if the void or unenforceable part or language had been severed and deleted.

 

POLICY CHANGES: Policy changes can only be made by attachment of a written form to the policy. Nothing else, including notice to our agent, will change this policy or alter any of its terms.

SALVAGE AND RECOVERIES: If we pay you for the cost to replace insured property or pay the policy limit, we retain all salvage rights for remaining parts and/or recovered property.

STATE LAW: Any part of this policy which conflicts with the laws of your state is automatically changed to conform to the law.