Ace Appliance Protection Plan
Appliance Location Address: ,
is responsible to pay
TERMS & CONDITIONS
This Protection Plan Agreement (“Agreement”) sets forth the terms and conditions under which we provide you the services described below. Please read these Terms and Conditions carefully. Coverage may be limited, and certain exclusions apply. We reserve the right to modify any terms in this Agreement, including price, with prior notice to you. This Agreement may be assigned by us without prior notice to you, and such assignment shall not constitute a change in the terms of this Agreement.
HOW TO MAKE A CLAIM
To make a claim for a repair you must contact us to request service. You must notify us of a breakdown of a covered appliance as soon as the problem is discovered. Notice of any malfunction must be given to us prior to the expiration of this Agreement.
DEFINITIONS“Plan” means the Ace Appliance Protection Plan Membership, as applicable.
“You” and “Yours” means the resident or owner of the Eligible Residence covered by the Plan:
“We”, “Us” and “Our” means Ace Appliance Parts & Service Inc., 3724 Airport Hwy., Toledo, OH 43615.
“Agreement” means the agreement made up of these Terms and Conditions and the Enrollment Form executed by you.
“Authorized Repair Technician” means the repair person Ace Appliance Parts & Service Inc. dispatches in response to your call. All Services must be performed by an Authorized Repair Technician.
“Eligible Residence” means a single-family residence located within our service area. If the Eligible Residence is a house, townhouse, condominium, apartment unit, modular home, or a manufactured home, it must be anchored to a permanent foundation and not moved for the duration of the Plan and applies only to the Equipment and systems serving the individual unit, not the common areas or shared systems in multiple unit dwellings. Our service area includes the following zip codes: 43402, 43403, 43408, 43412, 43414, 43416, 43430, 43441, 43443, 43445, 43447, 43450, 43451, 43460, 43463, 43465, 43468, 43469, 43502, 43504, 43510, 43512, 43515, 43522, 43525, 43528, 43532, 43533, 43537, 43540, 43542, 43545, 43547, 43551, 43552, 43553, 43555, 43557, 43558, 43560, 43565, 43566, 43567, 43569, 43571, 43601, 43602, 43603, 43604, 43605, 43606, 43607, 43608, 43609, 43610, 43611, 43612, 43613, 43614, 43615, 43616, 43617, 43618, 43619, 43620, 43623, 43624, 48117, 48131, 48133, 48140, 48144, 48145, 48157, 48161, 48162, 48166, 48177, 48182, 49267, 49270, 49276, 49228, 49221
“Effective Date” means the date stipulated on the Enrollment Form.
SERVICESThe Plan covers the cost for the specific diagnosis and repair work itemized herein to repair the equipment specified on the Enrollment Form and rendered inoperable due to a mechanical failure caused by routine wear and tear subject to the applicable limitations and exclusions (the “Services”). The decisions to repair or replace a part will be made by us, at our reasonable discretion. The Plan does not provide any Service other than as specified herein. All service work under the Plan, including parts and labor must be provided by an Authorized Repair Technician. We will not reimburse you for service performed by someone other than us or one of our Authorized Repair Technicians.
DEDUCTIBLEEach time an Authorized Repair Technician is scheduled and dispatched to your Eligible Residence; you will be required to pay a deductible based on the deductible list below. You will be required to pay the deductible regardless of whether all or part of this claim is granted, excluded, limited or denied. The deductible must be paid at the time of scheduling. In the event you fail to pay the deductible, you will not be able to schedule any service calls and your Agreement will be suspended until all outstanding fees are paid in full. Suspension of your Agreement will not alter or extend the termination date of your home service contract. Your first deductible per Eligible Residence is FREE regardless of the plan from 1- appliance up to 12 appliances. Each residence is entitled to one free service call per contract lifetime plan.
Free deductible on first service call
Deductible Monday to Friday 8am - 4pm. After the first free service call per contract lifetime service deductible is $30.00 for the first occurrence, $60.00 for the second occurrence, and $90.00 for the third occurrence. Thereafter $90.00 per occurrence for the contract lifetime.
Emergency service when available – Normal business hours are 8am - 4pm. If emergency service is available after 4pm weekdays, weekends, or holidays there will be a $129 deductible per occurrence.
COVERAGE PERIODCoverage starts 30 days after acceptance of application by Us and receipt of applicable contract fee and continues for 365 days from that date.
ELIGIBILITYThe equipment eligible for coverage under the Plan are specified below (“Equipment”). The Equipment must be in an Eligible Residence and: (a) Located within the confines of the permanent foundation of an Eligible Residence; (b) Properly installed and in proper working order on the Effective Date; (c) Safely and easily accessible for diagnosis and repair by the Authorized Repair Technician; and (d) Located in a safe environment for the Authorized Repair Technician. Coverage is for owned appliances only. If an appliance is rented, the owner must call for pricing. Commercial property or residential property converted into or utilized as a business or commercial property will not be covered. By permitting you to enroll in a Plan, we do not make any express or implied warranties concerning your existing equipment or conditions. We may refuse to provide service or deny enrollment under the Plan if eligibility requirements are not met. Following a thorough diagnosis, the Authorized Repair Technician shall make the determination whether the Service is covered by the Plan
Clothes WasherAnnual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include, but are not limited to; tub assembly, regulator, drum, drawers, Wi-Fi enabled mechanisms, lighting, light bulbs, batteries, cosmetic damage including scratches & dents, chips, soap dispensers, Filter screens, knobs, tubs, bearings, hinges, glass, dials, leveling & balancing, damage to clothes, rust. LED lighting components. In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product.
Clothes DryerAnnual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include, but are not limited to; tub assembly, regulator, drum, drawers, Wi-Fi enabled mechanisms, venting and exhaust system, lint screens, knobs, dials, doors, door seals, glass, leveling & balancing, damage to clothes. Batteries, cosmetic damage including scratches & dents, chips, rust. LED lighting components. In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product.
Refrigerator Annual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include, but are not limited to; food spoilage, all sealed system items or parts, evaporator coils, compressors, condensers, refrigerant tubing, reversing valve, door liner, drain pan, filters, refrigerant charging, freon, door handles, gaskets ,glass, shelves, racks, drawers, audio/video components, door seals, , water lines, wine coolers, mini refrigerators, undercounter refrigerators, Standalone ice makers, Wi-Fi enabled mechanisms, , internet connection components, audio visual equipment , lighting, light bulbs, LED lighting components, batteries, cosmetic damage including scratches & dents, chips, rust, beverage dispensers, ice buckets and their respective equipment, water lines internal, line restrictions of any kind, in-home instruction on how to use your product, commercial, non-residential, or multifamily use of product.
Range, Wall Oven, Cooktop, StoveAnnual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include but are not limited to; clocks (unless they affect the cooking function of the oven), temperature probe assemblies, rotisseries, racks, handles, range hood/exhaust system, audio/video components, Wi-Fi enabled mechanisms, lighting, light bulbs, LED lighting components, carbon monoxide testing. Batteries, cosmetic damage including scratches & dents, chips, rust. LED lighting components, Sensi-heat burners will only be replaced with standard burners, In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product.
DishwasherAnnual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include, but are not limited to; racks, shelves, rollers, drain lines, water lines, saddle valve’s temp probes, filters, audio/video components, WiFi enabled mechanisms. Batteries, cosmetic damage including scratches & dents, chips, rust, glass, LED lighting components. In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product.
Built- In- Microwave Annual Limit: up to $1,200 total for Repair Coverage.INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: clocks (unless they affect the cooking function of the oven), temperature probe assemblies, rotisseries, racks, handles, range hood/exhaust system, audio/video components, WiFi enabled mechanisms lighting, light bulbs, LED lighting components. Batteries, door glass, interior linings, trays, clocks, shelves, cosmetic damage including scratches & dents, chips, rust. LED lighting components. In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product.
Garbage DisposalAnnual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include, but are not limited to; all plumbing issues, obstructions and/or jams caused by bones, glass, foreign objects other than food.
Freezer upright or chest Annual Limit: up to $1,200 total for Repair Coverage. INCLUDED: All parts & labor not excluded under the terms and conditions on the items you have covered under your plan.EXCLUDED: Exclusions include, but are not limited to; food spoilage, all sealed system items or parts, compressors, evaporator coils, condensers door liner, door seals, drain pan, filters, refrigerant charging, handles, shelves, drawers, audio/video components, WiFi enabled mechanism, lighting, light bulbs, LED lighting components. Batteries, cosmetic damage including scratches & dents, chips, rust. LED lighting components. In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product.
GENERAL EXCLUSIONSEquipment with existing design faults or that has been abused, tampered with or damaged due to corrosion, freezing, fire, lightning, electrical surge, explosion, earthquake, flood, storm, customer abuse, acts of war or other insurable risks or accidental or deliberate damage from vandalism or theft is not covered under the Plan. Cosmetic damage including scratches & dents, chips, rust. LED lighting components. In-home instruction on how to use your product. Commercial, non-residential, or multifamily use of product. Any loss of food product or medicine. No Services will be provided if the Authorized Repair Technician is prevented from entering an Eligible Residence due to the presence of animals, insects, unsafe conditions, or if the Equipment is not easily accessible, or is located outside of the permanent foundation of the Eligible Residence. The Plan does not cover installation, disconnection and manufacturer-recommended maintenance or upgrades. We will not reimburse you for work done by anyone other than an Authorized Repair Technician for services performed without our prior authorization. Unauthorized repairs may void this Agreement.
UNAVAILABLE PARTS OR NON-REPAIRABLE EQUIPMENTIf we cannot repair the equipment because a part is obsolete, no longer available or we cannot obtain it at a commercially reasonable cost, you become eligible for a rebate in the amount listed based on the product identified below. Simply send a copy of your receipt for the purchase of the new appliance and we will mail you the rebate minus the balance of 1- year contract. This Plan shall automatically cover any Equipment replaced by you. Rebate payments are limited to $1,200.00 per contract year.
TERM AND RENEWALThe term of this Agreement shall commence on the Effective Date and continue either a monthly or yearly basis as selected on the Enrollment Form (the “Initial Term”). After the Initial Term, this Agreement will automatically renew in additional increments unless terminated in writing no later than 5 days after your anniversary date to the address set forth in “How to Make a Claim” or as otherwise provided in this Agreement.
CHANGES TO TERMS OF SERVICEWe will provide you written notification of any material changes to this Agreement 10 days in advance of the implementation of said changes. Notice will not be provided to you when changes are favorable to you or when changes are mandated by a regulatory agency. After notice of a material change, you may terminate this Agreement by providing written notice within the 30-day period prior to the effective date of the change. If you do not respond prior to the expiration of the 30 day period, the change will be deemed accepted by you. If we discontinue the Plan, our liability will be limited to completing any repairs or parts replacements underway at the time the Plan is discontinued.
CHANGE OF ADDRESS You must notify us within 14-days of moving to a new address. You are still responsible for the remainder of your 1- year agreement. You may keep your existing appliances or switch to new appliances that meet our terms & conditions at your new eligible residence. A new 1- year agreement can initiate at minimum for the same number of appliances and price.
BUYER’S RIGHT TO CANCELAll annual or monthly contracts are a one year minimum. After a one-year contract is completed, you may cancel this Agreement without liability as provided in more detail on the Enrollment Form within 30- days of the contact expiration date. You agree to provide us with a minimum of 30 days advance written notice of your cancelation or the membership contact will auto renew for another one-year commitment.
PAYMENTSYou agree to make payment either monthly or annually, plus any applicable taxes, as stated on the Enrollment Form. This Agreement provides for the Electronic Fund Transfer for the purpose of making your monthly payment. If you select annual payments, payment will be drafted from a pre-authorized credit card on your anniversary date each year. Monthly payments will be drafted from a pre-authorized credit card on the day which you enrolled in each following month. You will not receive a monthly or annual bill. If you fail to make payment when due for any reason, we may terminate your Plan as set forth below. If your payments are not current, we may refuse to provide service under the Plan. Except as otherwise specifically stated in this Agreement, your payments are non-refundable. YOUR PAYMENT FOR THIS AGREEMENT WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. Any past-due balances under this Agreement may be subject to a monthly late payment fee of one and one- half percent (1 1/2%) of the past-due balance. You must pre-pay for the Plan. Coverage under this Agreement is suspended at the end of the pre-pay period in the event of non-payment. You must be current on all payments in order to be covered under this Agreement. Company may terminate this Agreement at any time in the event that you fail to make timely payments.
ONE YEAR AGREEMENTYou are purchasing the Replacement Assistance Plan for one full year. It is not stand-alone coverage, and must be purchased with the Repair Plan, and is subject to compliance with the Repair Plan terms and conditions. Coverage begins when your enrollment is approved (“Effective Date”). It is payable in twelve equal monthly installments, or prepaid for one year. You have committed until the end of the 12- month period as measured from the plan Effective Date. Unless you give Ace Appliance Protection Plan a written notice within 30 days of your agreement anniversary date, it is automatically renewed for the next 12 months at the price, terms and conditions then in effect. Your payment signifies acceptance of this agreement. If you add additional coverage or additional appliances or equipment, or any additional options, within a contract year, the expiration date of your plan is extended to 12 months from the date the new coverage was added. Ace Appliance Protection Plan reserves the right to change the plan or terminate customers due to fraudulence at any time.
TERMINATION We may at any time immediately terminate the Plan for non-payment, fraud, or material misrepresentation without prior written notice. We may terminate the Plan any time by providing you with 14 days written notice. You may terminate this Agreement by providing us with 30 days after your one-year contract. You must send a thirty-day prior to contact one year end date with written notice to the address set forth in “How To Make a Claim.” There are no refunds for your enrollment prior to cancellation.
WARRANTY AND LIABILITYProblems cannot always be diagnosed and repaired on the first service visit. We are not liable for losses or damages resulting from misdiagnosis or delays in completing diagnosis or repairs. If the Plan had been cancelled or terminated, our obligation will continue, with respect to labor and defective parts, for 14 days after the date of the original repair. WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR ECONOMIC DAMAGES OR FOR LOSS OF DAMAGES TO ANY PERSON OR PROPERTY ARISING FROM THE LOSS OF USE OR THE INABILITY TO USE THE EQUIPMENT TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW.
OLD PARTS REMOVAL FROM APPLIANCEAll parts removed in connection with the Services become Ace Appliance protection plan property, and you agree to assign to us any assignable warranties available from any manufacturer or supplier of such removed part.
APPLIANCE LOCATION All appliances must be inside the home that is climate controlled above 65 degrees. Appliances under this agreement must be at the original contract location. Any appliances moved from the original contract sign up location will not be covered on this plan. Appliances must be free of any obstructions in front, top, and sides of the appliance to give adequate workspaces to repair the product. Dishwashers with elevated floors that cannot be removed by our technician are the responsibility of the homeowner to remove the product for serviceability. All appliances on this plan must have adequate workspaces to repair the product. We do not work on any appliances in an attached garage, detached garage, pole barn or any other structure. We do not work on any appliances that are on or in boats, campers, or RV.
EXPIRED CONTRACT PAYMENTSCalling for service with an expired contract payment. If your monthly or annual payment has exceeded 3- days past your contract date, the protection plan will not be able to provide service for you until the payment has been made to get the contract current. If your contract is more than 14 days old without payment the contract account will be removed from our system. If your contract has expired for more than 14 days, you will be required to sign up for a new one-year annual contract only and be required to have a 30-day waiting period before appliance service can be provided.
PERSONAL INFORMATIONWe collect and use personal information about you in order to establish and manage our business relationship with you. We share such information about you with our Authorized Repair Technician’s order to provide service under your Plan. You give us your consent to disclose information about you for billing and/or supplying services to you under the Agreement, processing of past due accounts of yours which have been passed to a debt collection agency and complying with a legal requirement. In order to maintain privacy of account and other proprietary customer information, we may request you provide us with certain information to verify your identity. You, your spouse, and any authorized representative you may designate on the account will be required to provide such verification information before we will release any information related to your account or make any changes to the account. Unless you tell us otherwise, you also give us your consent to use and disclose your personal information to make you aware of other products and services that may be of interest to you.
This Agreement authorizes us to record, photograph and/or videotape the surrounding appliance floor, countertops, water lines, physical appliance being worked or inspected, including the interior and exterior of the product. We may use a mobile phone or any other recording device to record for liability purposes. Further, you grant us the absolute and irrevocable right and permission, with respect to the photographs, videos, or any other media (hereinafter collectively known as "Images") that we have taken, to use, re-use, publish, re-publish, reproduce the same in whole or part, individually or in conjunction with other images, and in conjunction with any printed or electronic matter in printed form, electronic databases, websites, or in any and all media now or hereafter known, and for any legitimate purpose whatsoever, and to use my name and likeness in connection therewith.
DISPUTE RESOLUTIONIn the event of a dispute over a claim or coverage you agree to file a written claim with us and allow us thirty (30) calendar days to respond to the claim. The parties agree to mediate in good faith, before resorting to mandatory arbitration. Except where prohibited, if a dispute arises from or relates to this Agreement or its breach, and if the dispute cannot be settled through direct discussions you agree that:
NONDISPARAGEMENTYour signature on this contract enters you into a non-disparagement agreement with us. “Disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or verbal about this Agreement, the services provided, us and our employees. If you disparage us, we will have the right to recover damages in the amount of $950.00. This will include all written or electronic communication, whether email, text message, posts, use of Yelp, LinkedIn, Facebook, Google, Yahoo, any online website, or any other form of social media.
CREDIT CARD PAYMENT INFORMATION Any MasterCard, Visa, or Discover charges must be contested within 20 days of service or charges cannot be reversed. Ace will provide billing or repair information to the owner of the appliance and/or the individual that signed the invoice and paid for the repair. Any other person must have a notarized statement from the homeowner to release information due to confidentiality laws.
COLLECTION FEE If you do not fulfill your one-year contract obligation, you will be subject to a collection fee of S75 . All collections will be directed to finance systems of Toledo Incorporated, 282L North Holland Sylvania Road unit c Toledo Ohio 436L5 phone 419-578-4300.
LANDLORD & TENANTS TERMS AND CONDITIONS Landlords and owners must call Ace Appliance Parts & Service Inc. for all customized pricing. This includes from 1 to 20,000-unit contracts. All plans and unit warranties must be scheduled by the landlord, owner, or manager of the unit under warranty. Tenants cannot schedule their own service call online or by phone. Any deductibles must be paid before scheduling landlord, owner, or manager of the unit. Coverage will be terminated if the owner does disclose upfront rental units and no refund will be issued.
Our obligations under this Agreement are backed only by the full faith and credit of Ace Appliance Parts & Service Inc. and are not guaranteed by a third party, contract reimbursement insurance policy, or performance bond.
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