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Terms & Conditions Protection Plan Summary | State Variations
SERVICE CONTRACT COMPREHENSIVE COVERAGE
This document sets forth the entire Contract between the Service
Contract Administrator, Service Net Solutions, LLC ("Service Net")
hereinafter referred to as We, Us and Our, and, the Purchaser,
hereinafter referred as You and Your. No representation, promise or
condition not contained herein shall modify these terms. We are
contractually obligated to You to provide service under this Contract
in accordance with, and as allowed by state law. If this Contract is
purchased in Florida or Oklahoma, New Hampshire Insurance Company is
contractually obligated to You to provide service under this Contract.
WHAT IS COVERED. We will replace the original purchased Product
specified on Your Barnes & Noble order with a new or refurbished unit,
provided such replacement is authorized and necessitated by Product
operational or mechanical failure during normal usage, or by ADH
(described below). Coverage does not apply to accessories that are
used in conjunction with or to enhance the performance of the covered
TO OBTAIN AUTHORIZATION FOR REPLACEMENT.
You must obtain authorization prior to the receipt of a replacement
Product by calling 1-800-843-2665.
Have the Barnes & Noble serial number of your Product available.
Instructions on obtaining a replacement will be given.
Once authorization is obtained, You will be required to return the
Product using a prepaid shipping label provided by Us.
You will be required to provide a credit card to secure the return of
Your failed Product. If You do not return the failed Product within a
reasonable time period (which will be communicated to You at the time
of Your claim), Your credit card will be charged for the replacement
At Our determination, You will receive a replacement Product of like
grade and quality. The replacement Product may at Our option be a
future version or edition of Your original Product. In all cases where
a replacement cannot be made, You will receive reimbursement for the
original purchase price of the Product, excluding sales tax and
We reserve the right to replace the Product with a remanufactured or
The replacement Product will be mailed to You at no cost.
LIMIT OF LIABILITY. Maximum liability under this Contract shall be the
original purchase price of the Product, excluding sales tax and
delivery charges. This Contract will expire upon the earliest of (a)
the date We reimburse You for the original purchase price of Your
Product; (b) the date We have, as a result of services and/or
replacement products provided to You, incurred costs under this plan
equal to the original purchase price of Your Product; or (c) the
expiration date. ADH Coverage (described below) is limited to one (1)
replacement during the term of this Contract.
WAIT PERIOD. This contract does not have a wait period.
TERM OF COVERAGE. Coverage begins at the date of Product delivery and
ends two-years from the delivery date or expiration date, if sooner.
ACCIDENTAL DAMAGE FROM HANDLING (ADH). Your Product is protected
against accidental damage from handling. ADH only covers operational
or mechanical failure caused by an accident from handling and does not
include protection against theft, mysterious disappearance,
misplacement, viruses, reckless, abusive, willful or intentional
conduct associated with handling and use of the Product, cosmetic
damage and/or other damage that does not affect the unit
functionality, damage caused during shipment between You and Our
service providers and any other limitations listed in the Limitations
of Coverage section. Any resultant damage from this type of treatment
is NOT covered by this ADH program. The use of this coverage requires
an explanation of where and when the accident occurred as well as a
detailed description of the actual event. Failure to provide this
information will result in claim denial. ADH coverage is limited to
one (1) replacement during the term of this Contract.
DEDUCTIBLE. No deductible applies to this Contract.
RENEWABILITY. This Contract is not renewable.
LIMITATIONS OF COVERAGE This Contract Does Not Cover:
Any equipment located outside the United States.
Service or replacement required as a result of any alteration of the
equipment, or repairs made by anyone other than a participating
servicing dealer, an authorized service provider, its agents,
distributors, contractors or licensees, or the use of supplies other
than those recommended by the manufacturer.
Damage or other equipment failure due to the failure to maintain the
equipment according to the owner's manual instructions (except ADH
claims), abuse, vandalism, theft, fire, flood, wind, freezing, power
failure, inadequate power supply, unusual atmospheric conditions, acts
of war, acts of God or other force majeure events. D. Service or
replacement necessary because of improper storage, improper
ventilation, reconfiguration of equipment, or the failure to place the
equipment in an area that complies with the manufacturer's published
space or environmental requirements.
Any utilization of equipment that is inconsistent with either the
design of the equipment or the way the manufacturer intended the
equipment to be used. Any and all cases in which the manufacturer of
the equipment would not honor any warranty regarding the equipment.
Equipment used commercially or in a commercial setting or equipment
sold as a rental.
Cosmetic damage such as, but not limited to scratches, dents, rust,
Nonfunctional parts such as, but not limited to, plastics or finishes.
Expendable or lost items, such as, but not limited to ear buds or head
Consumable items; consumable items are defined as any part that is
considered consumable by the manufacturer and/or any item that is
designed to be consumed (wear out) during the life of the Product,
regardless if it is consumer replaceable or not.
Pre-existing conditions (incurred prior to the effective date of
coverage) known to You.
In-warranty parts not provided or shipped by the manufacturer.
Operational or mechanical failure covered by manufacturer's recall,
manufacturer's warranty extension, or factory bulletins, (regardless
of whether or not the manufacturer is doing business as an ongoing
Consequential damages as a result of malfunctioning of or damage to an
operating part of the covered equipment, or damages as a result of any
repairs or replacements under this agreement. Damages caused by delays
in rendering service or loss of use during the period that the Product
is at the authorized service center or otherwise awaiting parts are
not covered. You are responsible for creating back-ups of all Your
data and software on a regular basis.
Operational or mechanical failure which is not reported prior to
expiration of this Contract.
Equipment sold without a manufacturer's warranty or sold "as is" is
Loss or damage as a result of violation of existing federal, state and
municipal codes including, but not limited to power surge and spike
resulting from a violation of those codes.
Transit or delivery damage, damage caused by packing, unpacking,
assembly, installation, or removal. Short circuit, loss of use, lack
of maintenance, bodily injury, adjustments, periodic checkups or
Any cost recoverable under an insurance policy (in such case, this
Contract will cover any applicable deductible).
Any software, including but not limited to, application programs,
network programs, upgrades, formatting of any kind, databases, files,
drivers, source code, object code or proprietary data, or any support,
configuration, installation or reinstallation of any software or data.
Equipment where the serial number does not match the Product covered
under this Contract.
CANCELLATION AND REFUND. You may cancel this Contract at any time for
any reason if You have not had a claim. If You cancel this Contract
within sixty (60) days of the date purchased and have not filed a
claim You will receive a refund of the full purchase price. If You
cancel this Contract thereafter and have not filed a claim, You will
be refunded the remaining days of coverage on a monthly prorated
basis. You nor the seller nor We are obligated to renew this Contract
beyond the current term.
STATE VARIATIONS. Certain states requires additional terms and
conditions that are available, prior to purchase, at each store
location, by visiting www.bn.com/protectionplan/statevariations or by
calling 1-800-843-2665 which are hereby incorporated by reference
TRANSFERABILITY. You may transfer this agreement to any person by
sending written notice to: Service Net, P.O. Box 1411, Jeffersonville,
NOVATION. If We assign another insurance carrier with an "AM Best"
industry rating of A- or better under this Contract directly or
indirectly, such new insurance carrier will carry the liability under
RIGHT TO RECOVER FROM OTHERS. If We make any payment, We are entitled
to recover what We paid from other parties. By accepting settlement of
a claim, You transfer to Us Your right to recovery against any other
COVERAGE AND TERM. This is not an Insurance Policy. As the
Administrator, We will assist You in understanding Your warranty and
coverage benefits from the day You purchase Your Plan. If Your Product
needs repair for operational or mechanical failure, You are required
to call the toll free number 1-800-843-2665 If We fail to pay or
provide service on a claim within 30 days after proof of loss has been
filed, or in the event We are no longer a going concern, You are
entitled to make a written claim directly against the Insurer, New
Hampshire Insurance Company or Illinois National Insurance Company,
175 Water Street, 20th Floor, New York, NY, 10038. Telephone
1-800-250-3819. Please enclose a copy of Your plan when sending
correspondence to the Insurer. There are some limitations of coverage.
You should review the limitations of coverage paragraph for details.
ENTIRE CONTRACT. This is the entire Contract and no oral modifications
LIMITATION OF LIABILITY. THE SELLER, SERVICE NET, THEIR AGENTS,
CONTRACTORS OR LICENSEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES,
INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOST
REVENUE OR PROFIT, LOST DATA RESULTING FROM THE BREAKDOWN OR FAILURE
OF ANY EQUIPMENT OR FROM DELAYS IN SERVICING OR THE INABILITY TO
RENDER SERVICE ON ANY COVERED EQUIPMENT. THERE ARE NO EXPRESS OR
IMPLIED WARRANTIES MADE HEREIN. WE SPECIFICALLY DISCLAIM ANY AND ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
MANUFACTURER'S WARRANTY. This Contract does not replace or change the
terms and conditions of the manufacturer's warranty.
If You have any questions, require customer service, or wish to report
a claim, please contact: 1-800-843-2665.