Sagemax Terms and Conditions
This is a legal contract (referred to hereinafter as the “Plan”). 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.
Obligor: The company obligated under the Plan is AIG WarrantyGuard, Inc. (AIGWG), whose address is 300 South Riverside Plaza, Chicago,
Illinois 60606-6113, telephone 1-800-250-3819. This Plan is not available for purchase in Florida and Oklahoma.
Instructions: You must keep the receipt for your product; it is an integral part of this Plan and you may be required to reference it to obtain
service. This Plan, including the terms, conditions, limitations, exceptions and exclusions, the receipt containing the length of this Plan and
product identification constitute the entire agreement.
Definitions: Throughout this Plan the words (1) “we”, “us”, or “our” refer to the company obligated under this Plan, as referenced in the
Obligor section of this Plan. ; (2) Administrator refers to (a) National Electronics Warranty Corporation in all states and DC except in AL, AZ,
FL and WI; (b) N.E.W. Warranty Services, Inc. in AL, AZ and WI; (c) National Electronics Warranty Corporation of Florida (a service warranty
association) in FL, (National Electronics Warranty Corporation, N.E.W. Warranty Services, Inc. and National Electronics Warranty Corporation
of Florida (collectively referred to herein as NEW). The administrator can be contacted at: P.O. Box 1340, Sterling, Virginia, 20167; (3)
“Retailer” refers to bhphotovideo.com.; (4) “breakdown” refers to the mechanical or electrical failure of the product caused by defects in
workmanship and/or materials; (5) “product” refers to the consumer item which you purchased concurrently with and is covered by this Plan;
(6) “you” and “your” refers to the individual who purchased the product and this Plan.
Replacement Plan: (products less than $200):
What is covered: This Plan covers reimbursement for your product in the event the product fails due to a breakdown, normal wear and tear,
failure due to dust, heat, humidity and failures manifesting from power surges. A mechanical or electrical breakdown caused by unintentional
and accidental damage from handling of the product is also covered. We will reimburse you for replacement of the product with a check,
voucher or shopping card, at our discretion, for the original purchase price of your product, including taxes, as indicated on your receipt, when
required due to a breakdown as defined above which is not covered under any insurance policy, or any other warranty.
Term of Coverage: Term commences upon your date of purchase and continues for the period of two (2) years. Coverage for accidental
damage from handling begins on the date you purchase your product. All other coverage begins upon the expiration of the shortest portion of
the product’s manufacturer’s warranty.
How it works: If your product fails after the manufacturer’s warranty, contact customer service at 866-231-9734 to process your claim in
accordance with the terms and conditions of this Plan. We will pay for the cost of shipping your product back for replacement.
Service Plan: (products $200 and over):
What is Covered: This Plan covers parts and labor costs resulting from a breakdown, normal wear and tear, failure due to dust, heat,
humidity and failures manifesting from power surges. A mechanical or electrical breakdown caused by unintentional and accidental damage
from handling of the product is also covered.
Term of Coverage: Term commences upon your date of purchase and continues for the period indicated on your receipt. Coverage for
accidental damage from handling begins on the date you purchase your product. All other coverage begins upon the expiration of the shortest
portion of your product’s manufacturer’s warranty.
How it works: If your product fails, call 866-231-9734 to process your claim. If in-home service is provided for the full term of your
manufacturer’s warranty, then it will be provided under this Plan. If in-home service is not provided, unless otherwise noted, NEW will be
responsible for delivery or the cost of delivery of the product to the service center for repair or replacement. Non-original manufacturer’s parts
may be used for repair of the product if original parts are unavailable or may cause a substantial delay in service.
No Lemon Policy: After three (3) service repairs have been completed on an individual product, for the same defect, and that individual
product requires a fourth (4) repair, as determined by us, we will replace it with a product of comparable performance, not to exceed the
original purchase price. Replacement products may be new or rebuilt to meet the manufacturer’s specifications of the original product at our
discretion. Technological advances may result in a replacement product with a lower selling price than the original product. Repairs performed
while the product is under the manufacturer’s warranty do not apply. Preventative maintenance checks, cleanings, product diagnosis and
customer education are not considered repairs for the purposes of the No Lemon Policy.
Limit of liability: For any single claim, the limit of liability under this Plan is the lesser of the cost of (1) authorized repairs, (2) replacement
with a product with similar features, (3) reimbursement for authorized repairs or replacement or (4) the price that you paid for the product. The
total liability under this Plan is the purchase price you paid for the product; in the event that the total of all authorized repairs exceeds the
purchase price paid for the product or we replace the product with another of equal or greater value, we shall have satisfied all obligations
owed under this Plan.
Free transferability: The Plan may be transferred to a subsequent owner of the product at no additional charge. There are no restrictions
provided your Plan is valid. To transfer, call 866-231-9734 or write to NEW at P.O. Box 1818, Sterling, VA 20167. Information provided by
you must include the Plan number, date of transfer, new owner’s name, complete address and telephone number.
Renewal: The Replacement Plan is not renewable. The Service Plan may be renewed at our discretion.
Deductible: No deductible applies to this Plan
Manufacturer’s Responsibilities: Parts and services covered during the manufacturer’s warranty period are the responsibility of the
manufacturer.
WHAT IS NOT COVERED: THIS PLAN DOES NOT COVER: (1) INCIDENTAL OR CONSEQUENTIAL DAMAGES (2) PRE-EXISTING
CONDITIONS; (3) DAMAGE FROM ABUSE, MISUSE, INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT, UNAUTHORIZED
PRODUCT MODIFICATIONS OR ALTERATIONS, FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS; (4) ACCESSORIES
AND SUPPLIES, INCLUDING BUT NOT LIMITED TO: BULBS AND/OR LAMPS, BATTERIES, ANTENNAS, CARTRIDGES, STYLUSES,
RECORDS, AUDIO/VIDEO DISKS, TAPES, COMPUTER SOFTWARE OR DISKS, PRINT ELEMENTS, EXTERNAL POWER SUPPLIES;
(5) ACTS OF GOD; (6) PREVENTATIVE MAINTENANCE; (7) INHERENT PRODUCT DEFECTS, (8) MULTI-USER ORGANIZATIONS,
PUBLIC RENTAL, OR COMMUNAL USE IN MULTI-FAMILY HOUSING; (9) DAMAGE WHICH IS NOT REPORTED WITHIN 30 DAYS
AFTER EXPIRATION OF THIS PLAN; (10) LOSS OR DAMAGE TO STORED DATA, REPAIRS RELATED TO INSTALLED SOFTWARE,
COMPUTER VIRUSES, CRACKED OR PHYSICALLY DAMAGED SCREENS OR COMPUTER HARDWARE WHICH IS ADDED AFTER
THE ORIGINAL PURCHASE; (11) BURNED-IN PHOSPHOR IN CATHODE RAY TUBES OR ANY OTHER TYPE OF DISPLAY; (12) ANY
DAMAGE TO RECORDING MEDIA INCLUDING ANY SOFTWARE PROGRAMS, DATA, OR CONFIGURATION/SETUP INFORMATION
RESIDENT ON ANY MASS STORAGE DEVICES SUCH AS HARD DRIVES, CD-ROM DRIVES, DVD DRIVES, FLOPPY DISKETTES,
TAPE DRIVES OR TAPE BACKUP SYSTEMS, AS A RESULT OF THE MALFUNCTIONING OR DAMAGE OF AN OPERATING OR NONOPERATING
PART, OR AS A RESULT OF ANY REPAIRS OR REPLACEMENT UNDER THIS PLAN; (13) PRODUCTS WITH REMOVED
OR ALTERED SERIAL NUMBERS; (14) LOSS OR CORRUPTION OF DATA AND/OR THE RESTORATION OF SOFTWARE AND
OPERATING SYSTEMS; (15) LOSS AND/OR THEFT OF THE PRODUCT; (16) LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS,
DOWN-TIME AND CHARGES FOR TIME AND EFFORT; (17) ANY FAILURES, OR PARTS AND/OR LABOR COST INCURRED AS A
RESULT OF A MANUFACTURER’S RECALL (18) DAMAGE COVERED UNDER ANY INSURANCE POLICY, OR ANY OTHER
WARRANTY OR SERVICE PLAN.
Cancellation: This Plan shall be cancelled by us for fraud or material misrepresentation, including but not limited to commercial or rental use.
Unauthorized repair or replacement of covered equipment may result in the cancellation of this Plan by us. In the event of cancellation by us,
written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This Plan can be cancelled by
you at any time for any reason by mailing or delivering to us notice of cancellation at P.O. Box 1818, Sterling, VA 20167-1818. If the Plan is
cancelled: (a) within thirty (30) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan provided no service
has been performed, or (b) after thirty (30) days, you will receive a pro rata refund, less the cost of any service received.
Insurance Securing this Plan: This is not an insurance policy. If You reside in any of the following states: AL, AK, AZ, CO, CT, DE, DC, GA,
HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MT, NE, NV, NH, NJ, NM, ND, OH, OR, PA, RI, SC, SD, TN, TX, UT, VT, WA, WV,
WI or WY, this Plan is secured by an insurance policy provided by Illinois National Insurance Company, 175 Water St, 20th Floor, New York,
NY 10038 and telephone number (800) 250-3819. If, within sixty (60) days, we have not paid a covered claim, provided you with a refund or
you are otherwise dissatisfied, you may make a claim directly to the insurance company. If You reside in any of the following states: AR, CA,
FL, MS, NY, NC or VA, this Plan is secured by an insurance policy provided by New Hampshire Insurance Company, 175 Water St, 20th
Floor, New York, NY 10038 and telephone number (800) 250-3819. If, within sixty (60) days, we have not paid a covered claim, provided you
with a refund or you are otherwise dissatisfied, you may make a claim directly to the insurance company.
State Variations:
The following state variations shall control if inconsistent with any other terms and conditions:
Arizona Residents: If your written notice of cancellation is received prior to the expiration date, the Administrator shall refund the remaining
pro-rata price, regardless of prior services rendered under the Plan. The pre-existing condition exclusion does not apply to conditions
occurring prior to the sale of the consumer product by the Obligor, its assignees, subcontractors and/or representatives.
California Residents: For all products other than home appliances and home electronic products, the Cancellation provision is amended as
follows: If the Plan is cancelled: (a) within sixty (60) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan
provided no service has been preformed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received.
Connecticut Residents: The expiration date of this Plan shall automatically be extended by the duration that the product is in our custody
while being repaired. In the event of a dispute with the Administrator, you may contact The State of Connecticut, Insurance Department, PO
Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price
of the product, the cost of repair of the product and a copy of the Plan.
Georgia Residents: This Plan shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due
therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon
demand and surrender of the Plan and we shall refund the excess of the consideration paid for the Plan above the customary short rate for the
expired term of the Plan. This Plan excludes coverage for incidental and consequential damages and pre-existing conditions only to the
extent such damages or conditions are known to you or reasonably should have been known to you.
Illinois Residents: You may cancel this Plan for any reason at any time. If you cancel within thirty (30) days of contract purchase, and we
have not paid a claim, you will receive a full refund, less a cancellation fee of $50.00 or 10% of the Plan price. If you cancel after thirty (30)
days or anytime after we pay a claim, you will receive a pro-rata refund of the Plan price based on the days remaining, less any claims that
have been paid, less a cancellation fee of $50.00 or 10% of the Plan price.
Nevada Residents: If the plan is cancelled, no deduction shall be made from the refund for the cost of any service received. This Plan may
be cancelled due to unauthorized repair which results in a material change in the nature or extent of the risk, occurring after the first effective
date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the
policy was issued or last renewed. This Plan will be considered void and we will refund you the purchase price of the Plan if you have not
made a claim under this Plan and you have returned the Plan to us a) within 20 days after the date we have mailed the Plan to you, b) within
10 days after you have received the Plan if the Plan was furnished to you at the time the Plan was purchased, or c) within a longer time period
if specified in the Plan.
North Carolina Residents: The purchase of this Plan is not required either to purchase or to obtain financing for a home appliance.
New Mexico Residents: If this Plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Plan
term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an
increase in the service required under the Plan; (3) you engage in fraud or material misrepresentation in obtaining this Plan; (4) you commit
any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increase the
service required under this Plan; or (5) any material change in the nature or extent of the required service or repair occurs after the effective
date of this Plan and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time
you purchased this Plan.
South Carolina Residents: To prevent any further damage, please refer to the owner’s manual. In the event the service Plan provider does
not provide covered service within sixty (60) days of proof of loss by the Plan holder, the Plan holder is entitled to apply directly to the
Insurance Company. If the Insurance Company does not resolve such matters within sixty (60) days of proof of loss, they may contact the SC
Department of Insurance, P.O. Box 100105, Columbia, SC 29202-3105, (800) 768-3467.
Texas Residents: If you purchased this Plan in Texas, unresolved complaints concerning a provider or questions concerning the registration
of a service Plan provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711,
telephone number (512) 463-2906 or (800) 803-9202. You may apply for reimbursement directly to the insurer if a refund or credit is not paid
before the forty-sixth (46th) day after the date on which the Plan is returned to the provider.
Utah Residents: NOTICE. Coverage afforded under this Plan is not guaranteed by the Utah Property and Casualty Guarantee
Association. This Plan may be cancelled due to unauthorized repair which results in a material change in the nature or extent of the risk,
occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond
that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if
you can show that notification was not reasonably possible. If we cancel this contract due to fraud or material misrepresentation, you will be
notified thirty (30) days prior to cancellation. If we cancel this Plan due to nonpayment, you will be notified ten (10) days prior to Plan
cancellation.
WASHINGTON RESIDENTS: You may apply directly to the insurance company.
Wisconsin Residents: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF
INSURANCE. This Plan shall not be cancelled due to unauthorized repair of the covered equipment, unless we are prejudiced by your failure
to obtain such authorization. If you cancel this Plan, no deduction shall be made from the refund for the cost of any service received. This Plan
is backed by a contractual liability policy with limits of liability of $5,000 per claim and $25,000 in aggregate per Plan.
TO OBTAIN A LARGE-TYPE COPY OF THE TERMS AND CONDITIONS OF THIS PLAN, PLEASE CALL 866-231-
9734.
Administered by:
N.E.W.
P.O. Box 1340 • Sterling, Virginia 20167 • [866-231-9734]
©2007 N.E.W. Customer Service Companies, Inc. All rights reserved.
BHPHOTO-TC-11.07
96446 (10/07)
|