Warranty

Utah Residents: NOTICE. This Plan is subject to limited
regulation by the Utah Insurance Department. To file a
complaint, contact the Utah Insurance Department.
Coverage afforded under this Plan is not guaranteed by the
Utah Property and Casualty Guarantee Association. The
following replaces the conditions pertaining to cancellation
of the Plan by us in the Cancellation section: This Plan may
be cancelled by us only due to nonpayment of premium or,
if the Plan has not been previously renewed or has not been
in effect less than sixty (60) days when the written notice of
cancellation is mailed or delivered, we may cancel the Plan
due to: a) material misrepresentation; b) substantial change
in the risk assumed, unless we should reasonably have
foreseen the change or contemplated the risk when entering
into the Plan; or c) substantial breaches of contractual
duties, conditions, or warranties. If we cancel this Plan due
to nonpayment, cancellation will be no sooner than ten (10)
days after the delivery or first class mailing of written notice.
Otherwise, cancellation will be no sooner than thirty (30)
days after the delivery or first class mailing of written notice.
Cancellation notice will include the reasons for the
cancellation.
Paragraph 2 of the SERVICE REQUEST PROCESS section
is deleted in its entirety and replaced by the following: Failure
to report and provide the necessary information on a
covered claim to us within the prescribed time will not
invalidate the claim if you can show that notification was not
reasonably possible. If an emergency repair is initiated by
you, without our knowledge, outside normal business hours,
you must notify us as soon as reasonably possible and you
will be responsible for providing any documentation
reasonably required by us to fulfill our obligations to you
under this Plan; provided however in no event will we be
liable for any emergency repairs in an amount in excess of
the Limit of Liability under the terms of this Plan. All service
requests must be authorized by Guardian prior to any
covered service repair or replacement effort being initiated.
Other than an emergency repair, any repairs not authorized
by us will void coverage for the related claim.
The third paragraph (“If the retailer from whom this Plan was
purchased…”) of the LIABILITY section is deleted in its
entirety.
All service repairs will be made using manufacturer’s parts.
If not reasonably available, non-manufacturer’s parts will be
used.
The “Insurance Securing this Plan” section is deleted and
replaced by the following: Insurance Securing this Plan:
This is not an insurance policy. This Plan is secured by a
contractual liability policy provided by Continental Casualty
Company, 333 S Wabash Ave, Chicago, IL 60604, 1-800-
831-4262. Should we fail to pay or provide service on any
claim within sixty (60) days after proof of loss has been filed,
you are entitled to make a claim directly against the
Insurance Company.
The Arbitration section is replaced by the following: Any
matter in dispute between you and us may be subject to
arbitration as an alternative to court action pursuant to the
rules of the American Arbitration Association (or other
recognized arbitrator), a copy of which is available on
request from us. Any decision reached by arbitration shall
be binding upon both you and us. The arbitration award may
include attorney's fees if allowed by state law and may be
entered as a judgment in any court of proper jurisdiction.
Vermont Residents: If you are the original purchaser of this
Plan, you have the right to return the Plan within at least
twenty (20) days of the receipt of the Plan. If no claim has
been made under the Plan, the Plan shall be void and we
shall refund to you the full purchase price of the Plan. Any
civil action or alternative dispute resolution procedure
brought by you in connection to the Plan can be brought in
Vermont.
Washington Residents: If you are the original purchaser of
the Plan, you have the right to return the Plan within at least
twenty (20) days of the date of mailing of the Plan to you or
within at least ten (10) days if the Plan is delivered to you at
the time of the sale or within a longer time period permitted
under the Plan. If no claim has been made under the Plan,
the Plan shall be void and we shall refund to you the full
purchase price of the Plan, plus a ten percent (10%) penalty
per month shall be added to any refund that is not made to
you within thirty (30) days of return of the Plan to us for
cancellation. If we fail to act on your claim, you may contact
Continental Casualty Company directly at 1-800- 831-4262.
You are not required to wait sixty (60) days before filing a
claim directly with Continental Casualty Company. If we
cancel this Plan, we shall mail a written notice to you at your
last known address contained in our records at least twenty-
one days prior to cancellation us. The notice shall state the
effective date of the cancellation and the true and actual
reason for the cancellation. Any civil action or alternative
dispute resolution procedure brought by you in connection
to the Plan can be brought in Washington at a location in
closest proximity to your permanent residence. A person,
such as a bank, savings and loan association, lending
institution, manufacturer, or seller shall not require the
purchase of a service contract as a condition of a loan or a
condition for the sale of any property.
Wisconsin Residents: THIS CONTRACT IS SUBJECT TO
LIMITED REGULATION BY THE OFFICE OF THE
COMMISSIONER OF INSURANCE. This Plan shall not be
cancelled due to unauthorized repair of the furniture item,
unless we are prejudiced by your failure to obtain such
authorization. We will not deny your claim solely because
you did not obtain pre-authorization if we are not prejudiced
by your failure to notify us.
In the event of a total loss of the furniture item covered by
this Plan that is not covered by a replacement of the furniture
item pursuant to the terms of this Plan, you shall be entitled
to cancel the Plan and receive a pro rata refund of any
unearned provider fee, less any claims paid.