Extended Protection Plan Terms and Conditions

1. DEFINITIONS:

"We", "Us" and "Our" shall mean the obligor of this Protection Plan, The ECU Connection Corporation. The aforementioned are located at P.O. Box 201, Hardwood, VA 22471. You may reach Us at 1-719-357-5875. 

"You", "Your" shall mean the individual or entity who purchased this Protection Plan or the individual or entity to whom this Protection Plan was properly transferred in accordance with these Terms and Conditions.

Protection Plan Price: The price You paid for this Protection Plan.

Coverage Start Date: This is the date when coverage starts under this Protection Plan. The Coverage Start Date is the latest of the date of purchase of the Protection Plan or the date following termination of any Waiting Period, unless expressly provided otherwise.

Waiting Period: The amount of time between the Protection Plan purchase date and the Coverage Start Date. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage, We will cancel Your Protection Plan and provide You with a full refund of the Protection Plan Price.

Coverage Term or Term: This is the term of coverage You receive under this Protection Plan, starting on the Coverage Start Date which begins after any Waiting Period.

Covered Product(s) or Product(s): The product(s) or type of product covered by this Protection Plan.

Coverage Amount: The purchase price of the Product(s), exclusive of taxes and fees, and/or a number of claims, as identified in the Order Summary.

Coverage Type: This defines the level of coverage You purchased, such as whether Your Protection Plan includes optional coverage, such as Accidental Damage from Handling (ADH) coverage.

Deductible: The applicable deductible, if any, for claims.

2. YOUR RESPONSIBILITIES:

  1. Purchase the correct Protection Plan for Your Product based on condition, price and part number.
  2. Retain a complete copy of proof of purchase. You will provide such proof of purchase at the time You make a claim.
  3. Properly maintain, inspect, store, care (including clean) and/or use Your Product according to the manufacturer instructions, and if Your Product becomes damaged, You must take necessary steps to protect against any further damage. If We determine that any loss or damage has occurred as a direct result of not performing any of the foregoing, Your claim will be denied.

3. COVERAGES AND TERMS:

This Protection Plan will cover a mechanical or electrical failure of the Product(s) during normal usage for the Term of this Protection Plan. This Protection Plan is inclusive of any manufacturer's warranty that may exist during the Coverage Term. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications at Our sole option.

  1. This Protection Plan provides coverage for Your Product where the problem is the result of a failure caused by:
    1. Defects in materials and/or workmanship;
    2. Operational failure resulting from a power surge while properly connected to a vehicle. You may be asked to provide Your vehicle diagnostic codes, engine control unit or mechanics information and diagnostics for examination.

4. OPTIONAL COVERAGES:

  1. ACCIDENTAL DAMAGE FROM HANDLING (ADH):

    Except as otherwise specified, if You were offered and purchased ADH as an integral part of Your coverage, it augments Your Protection Plan by providing additional protection for damage from drops, spills and liquid damage associated with the handling and use of Your Product.
    ADH does not provide protection against theft, loss, reckless or abusive conduct associated with handling and use of Your Product, cosmetic damage and/or other damage that does not affect the functionality of Your Product, or damage caused during shipment between You and Our service providers.

5. WHAT TO DO IF A PRODUCT REQUIRES SERVICE:

  1. ALL PROTECTION PLANS:

    File a claim online at TheECUConnection.com/pages/claim or call Us 719.357.5875 and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, We will service Your Product as described in Section 6 below. Depending on Your Product, We may, at Our discretion, require You to submit pictures of the damage or defect for which You are making a claim, or to submit other necessary documentation to process Your claim.

6. HOW WE WILL SERVICE YOUR PRODUCT:

  1. ALL PROTECTION PLANS:

    Depending on the Product and failure circumstances, at Our discretion, We will either:

    1. Repair Your Product (on-site, mail-in or local repair service may be available, in Our discretion);
    2. Replace Your Product with a product of like kind, quality and functionality (replacement products may retail at a lower price than Your original Product); or
    3. Provide a cash settlement or store credit reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount.

     

7. LIMIT OF LIABILITY:

If You have Product(s) covered under this Protection Plan, the total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan or the total number of claims made pursuant to this Protection Plan shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of like kind, quality and functionality or a replacement product of like kind, quality and functionality, then We will have no further obligations under this Protection Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

8. WHAT IS NOT COVERED:

  1. ALL PROTECTION PLANS:
    1. Except as otherwise provided, normal wear and tear;
    2. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan;
    3. Natural flaws or inherent design or manufacturer's defects;
    4. Intentional damage;
    5. Lost, stolen or irretrievable items;
    6. Any Product that is fraudulently described or materially misrepresented;
    7. Secondary or collateral damage;
    8. Except as otherwise provided, maintenance, service, repair or replacement necessitated by loss or damage resulting from any cause other than normal use, storage and operation of the Product in accordance with the manufacturer's specifications and owner's manual;
    9. Damage caused by exposure to weather conditions, improper electrical/power supply, improper equipment modifications, add-on products or accessories, attachments or installation or assembly, collision with any other object, vandalism, animal or insect infestation, corrosion, battery leakage, act of nature (any accident caused or produced by any physical cause which cannot be foreseen or prevented, such as storms, perils of the sea, tornadoes, hurricanes, floods and earthquakes) or any other force majeure or peril originating from outside the Product;
    10. Damage caused by "accumulation," including, without limitation, damage from any repeated use or gradual buildup of dirt, dust, oils or similar, such as hair and body oils, perspiration or darkened bodily contact areas;
    11. Damage caused by: any improper care, negligence, neglect, intentional acts, misuse or abuse of the Product; any repair, replacement or handling of the Product other than as recommended or authorized by the manufacturer and/or Us; or any failure to comply with the manufacturer's warranty;
    12. Damage caused by cleaning methods, products or materials;
    13. Defects due to the installation, assembly or hookup of Your Product;
    14. Damage caused by transit, delivery, redelivery, removal or reinstallation of the Product, or the Product being moved between different locations or into or out of storage, including damage caused by packing or unpacking of the Product;
    15. Claims made under any improperly or incorrectly purchased Protection Plan;
    16. Except as otherwise provided, "cosmetic damage," defined as any damages or changes to the physical appearance of a Product that does not impede or hinder its normal operating function as determined by Us, such as scratches, abrasions, peelings, dents, kinks, changes in color, texture, or finish or similar conditions;
    17. Accidental damage or liquid damage unless ADH coverage was offered and purchased as part of Your Protection Plan;
    18. Except as otherwise provided, any product used for heavy commercial, educational, rental or industrial use;
    19. Product(s) with removed or altered serial numbers;
    20. Manufacturer defects or equipment failure which is covered by manufacturer's warranty, manufacturer's recall or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
    21. Damage to hardware, software and data or loss of software or data, caused by, including, but not limited to, application programs, network drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data;
    22. "No Problem Found" diagnosis, intermittent and non-intermittent issues that are not failures of the Product (such as poor cell phone reception);
    23. Items sold in a private sale (e.g. flea market, yard sale, estate sale, Craigslist);
    24. Any Product that is a demonstration/in-store model, or that is sold "as-is";
    25. A Product that is no longer in Your possession;
    26. Any failure, damage, repairs or loss that is covered under any other protection plan, warranty, service plan or insurance.

9. NO LEMON POLICY:

If Your Product has two (2) service repairs completed for the same problem and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product's Coverage Amount, except that, in the case of multi-item Protection Plans, replacements may not, in the aggregate, exceed the Coverage Amount. This no lemon policy is not applicable to problems resulting from ADH.

10. FREE SHIPPING:

This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.

11. TRANSFER OF PROTECTION PLAN:

This Protection Plan may be transferred at no charge. To transfer this Protection Plan contact Us toll-free at 1-719-357-5875.

12. CANCELLATION:

You may cancel this Protection Plan for any reason at any time. To cancel it, contact Us at 1-719.357.5875. If You cancel this Protection Plan within the first thirty (30) days after purchase of this Protection Plan You will receive a 100% refund of the Protection Plan Price. If You cancel after the first thirty (30) days from purchase of this Protection Plan, You will receive a pro rata refund based on the time remaining on Your Protection Plan.
We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You or for any reason. If We cancel Your Protection Plan, You will receive a pro rata refund. If this Protection Plan was inadvertently sold to You on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to You. If We cancel this Protection Plan for nonpayment then We will provide notice at time of cancellation.

13. GUARANTEE:

This is not an insurance policy. Our obligations under this Protection Plan are guaranteed under a reimbursement insurance policy issued by The ECU Connection Corporation, P.O. Box 201, Hartwood, VA 22471 and You may contact them toll free at 1-719-357-5875. If We fail to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against The ECU Connection.com

14. ENTIRE CONTRACT:

Unless amended by the State Specific Provisions or revised by Us with at least thirty (30) days advance written electronic notice to You, this Protection Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.