On Site Service Contract

Definitions

  • The "Obligor", "We", "Our", or "Us", mean the company obligated under this agreement, On Site Protection LLC.
  • "You" or "Your" means the person or persons named on the sales receipt/invoice for the Plan.
  • "Administrator" means On Site Protection LLC.
  • "Plan" refers to the Furniture Protection Plan.
  • "Retailer" means the authorized entity selling You the Plan.
  • "Furniture" means the furniture items purchased concurrently with this plan and on the sales receipt/invoice issued in conjunction with the purchased furniture items.
  • "Agreement" means the terms, conditions, limitations, and exclusions in this contract, and the sales receipt/invoice.

Term: The coverage period for this Plan is five (0) years, with the effective date commencing from the date of covered Furniture delivery. Please retain a copy of this Plan and the original receipt/invoice for the Furniture, as it is needed to obtain service.

To Obtain Service: Damage to covered Furniture must be reported within thirty (30) days of discovery to the Administrator. You can report Your claim by contacting the Administrator's customer service department at 1-866-991-9431. You must have Your: (1) original receipt/invoice showing Your purchase of the covered Furniture and this Plan; (2) the original copy of this Plan or the unique registration number printed on this Plan; (3) the original delivery date of the covered Furniture; and (4) the discovery date of the damage. You shall act in good faith and be reasonable in cooperating with the Administrator in its efforts to perform Our obligations under this Plan. Failure to comply with the provisions in this Plan may void any and all claims.

The Service Process: Upon receiving a claim covered by this Plan, the Administrator and/or We will provide repair advice and/or products to aid in the repair of accidental damage of Furniture caused by residential use. If the damage persists, at Our sole unilateral and revocable discretion, You may receive a no charge in-home visit by a professional technician. We may elect to replace the damaged part or piece of damaged Furniture.

If the damaged part or piece cannot be repaired or replaced, or if a part or piece is unavailable, We may authorize replacement of the entirety of the damaged Furniture. You may select a replacement furniture item at a price equal to or less than that of the damaged Furniture.

This Plan does not transfer to replaced Furniture. Authorized replacement selections must be made at the original store of purchase. Coverage for any Furniture not replaced will continue for the term of this Agreement. Replacement of a part, piece, or set of Furniture fulfills coverage on that part, piece, or set of Furniture. Repair parts or replaced furniture item(s) will be ordered from the Retailer from which You purchased Furniture. In the event Furniture needs replacement, and the original Retailer is not able to replace Furniture originally purchased or provide a satisfactory substitute furniture item(s), You may be given a refund of the purchase price of Furniture, excluding sales tax, and delivery costs. If such a refund is issued for Furniture, all terms and conditions of the Plan will be fulfilled, and all future claims will be void.

    Coverage

    The Plan covers materials and labor costs to service your Furniture in the event Furniture becomes accidentally damaged during residential use. The following are covered, subject to the exclusions to coverage (see WHAT IS NOT COVERED, below) and other Plan conditions:

    • Breakage of frames and/or structural damage
    • Breakage of sleeper mechanisms, reclining mechanisms, heating mechanisms, and/or vibrating mechanisms
    • Failure of integral electrical components
    • Lifting of veneers or warping
    • Loss of silvering on mirrors
    • Dye transfer onto surface of upholstery
    • Rips, Tears, Cuts, Punctures
    • Liquid marks, rings, or household heat marks
    • Gouges, dents, scratches, or chips that penetrate the finish exposing the substrate
    • Checking, cracking, bubbling, or peeling of finish caused by a specific incident
    • Glass or mirror chipping, breakage, or scratching
    • Stains caused by any food or beverage normally consumed by humans
    • Mold and/or mildew stains caused by food or beverage spills
    • Accidental Pet Stains
    • Pet Damage: Claws, Teeth, Beaks
    • Burns and Candle Wax
    • Ripped/separated seams and tufting
    • Cracked Stone
    • Warped Wood

    Limit of Liability

    The limit of liability under this Plan is the lesser of the cost of: (1) the original purchase price of Furniture excluding sales tax, and delivery costs; (2) authorized repairs not to exceed the purchase price of Furniture, or; (3) replacement of Furniture with a product of equal or similar features and functionality.

    If the Retailer is no longer in business, in the case of a covered claim, the Plan becomes service only; that is, no replacements, only repairs. If the Retailer is no longer in business, and the damaged Furniture cannot be repaired, liability will be limited to a pro-rata refund of the purchase price of the Plan calculated based on the remainder of the term of the Plan, less any claims paid.

    What is Not Covered

  • any loss other than a covered breakdown, stain, or damage of furniture
  • any damage caused by the consumer during the assembly of ready to assemble ("rta") items
  • product repairs that are covered by the manufacturer's warranty or as a result of a recall, regardless of the manufacturer's ability to cover such repairs
  • any and all pre-existing conditions that occur prior to the effective date of the agreement and/or any product sold used or damaged
  • ANY STAIN OR DAMAGE OCCURRING PRIOR TO OR DURING DELIVERY, WHILE FURNITURE IS IN TRANSIT OR STORAGE, OR DISCOVERED AFTER DISASSEMBLY, REASSEMBLY, OR LOCATION TRANSFER
  • damage from willful abuse, misuse, mishandling, unauthorized modifications/alterations to a covered product, and/or failure to follow the manufacturer's instructions
  • external causes including, but not limited to, fire, theft, insects, acts of nature, illegal acts, acts of god, or consequential loss of any nature
  • incidental, consequential, or secondary damages, damages from delay in rendering service under this agreement, or loss of use during the period that the covered product is at an authorized service center or otherwise awaiting parts
  • stain or damage caused by appliance malfunctions and any resultant leak therefrom
  • any product used for commercial, institutional, or rental purposes
  • failures that occur outside of the fifty (50) states of the united states of america, including the district of columbia
  • unauthorized repairs and/or parts
  • repair or replacement where no damage can be found
  • damage that is not reported within the term of this agreement
  • any stain, soiling, or damage resulting from everyday use or that has built up over time, including, but not limited to, dirt, perspiration, hair, and/or body or suntan oils/lotions. soiling includes darkened areas where the body comes into contact with furniture.
  • dye transfer onto surfaces other than upholstery
  • stain, or damage resulting from the use of cleaning products not approved by the manufacturer of furniture
  • mold, mildew, odor, and stains caused by medical incontinence
  • stains or damage caused by an independent contractor, including but not limited to, plumbers, painters, or other service or maintenance personnel
  • bodily injury
  • damage caused by pets (other than listed as covered)
  • normal wear and tear-related repairs or damage, including but not limited to, fading, rust, corrosion, seam separation, stress tears, loss of foam resiliency, pilling, and/or fraying
  • normal wear and tear-related repairs or damage, including but not limited to, color loss, cracking, and/or peeling on any leather or vinyl, and splits on bi-cast leather
  • gouges, scratches, dents, and/or chips that do not penetrate the finish and do not expose the substrate
  • non-colorfast or x-coded fabrics, split leathers used in seat cushions/back cushions/arm areas, natural markings on leather (including but not limited to healed scars, insect bites, brand marks, and/or wrinkles), leathers with embossed patterns other than those simulating natural cowhide, non-bovine leathers, suede, nubuck, and other buffed leathers
  • surface scratches in leather finishes
  • clock mechanisms
  • shrinkage from cleaning
  • noises
  • lamps or other accessories used in conjunction with furniture

    • Conditions

  • Renewal: This Agreement is not renewable.
  • Transferability: This Agreement is not transferable.
  • Territorial Limitations: This Agreement does not cover failures that occur outside of the fifty (50) states of the United States of America, including the District of Columbia.
  • Dispute Resolution - Arbitration: This Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Agreement (including the cost of, lack of, or actual repair or replacement arising from accidental damage to Furniture during residential use). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration, or any consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration, and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law. To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of either when the damage occurred or the dispute arose, whichever happened first. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. The laws of the State of New York (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance, and enforcement of this Agreement.
  • Cancellation: You may cancel this Agreement for any reason at any time. In the first thirty (30) days You will receive a full refund upon cancellation. To cancel within ten (10) days of receipt, contact the Retailer of Your Agreement for a full refund. After ten (10) days, contact the Administrator in writing with this Agreement and a copy of Your sales receipt/invoice to receive a full refund. After thirty (30) days, You will receive a pro-rata refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the purchase price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment of premium by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation and will include the effective date and reason for cancellation. If We cancel, the return premium is based upon one-hundred percent (100%) of the unearned pro-rata premium, less the cost of claims paid.